Need Advice on Handling Builder Mistake

October 8, 2019
last modified: October 8, 2019

So, long story short, our builder signed off on the truss design this summer overlooking two windows in our front gable ends of the house. There are two trusses placed right in their place. This mistake wasn't brought to our attention until this fall once we were under roof (I should have noticed it, but I had too many other things going on...although it was odd to me that they hadn't cut windows there when they cut elsewhere). One window goes into the garage storage area for light, the other is purely decorative to balance out the other (it actually is in the space above our ceiling insulation). The windows were ordered, and in the bid, etc. The windows are non returnable. One truss is a girder and can't be cut, the other he had an engineer look at it and it can be cut and the window put in, but it requires a stamped drawing.

His solution is to have the one truss cut, and install the window, and then build out the other window and flash around it. Obviously that is unacceptable to us, and we want him to eat the cost of the window, plus pay for the engineered drawings and install the other window. Additionally, we want him to add in the gable truss accents pictured, and do board an batten in the gable ends (he changed his bid to horizontal back in the summer when we thought the board and batten would be too much). He seems agreeable to that, but still wants to charge us for the gable truss accents, and board and batten but we still feel like that's a big hit for us to take since it's the front of our house and a major reason for putting them in there was to add balance (well...the reason our architect put them there).

Is it unreasonable to ask for more than that in terms of compensation/compromise. I know contractually he's obligated to put the windows in, but we definitely don't want the built out look of the one window, and if he eats the cost of that window, we still have nothing in its place. Either way, we're sacrificing the look of our home that was the result of our builders error.

We're nearing the end of where we're turning them loose, and I'm taking over (I'm doing a lot of the finish work), so I'm not too worried about ticking him off, but I also don't want to be unreasonable. What are your thoughts?

The windows in reference are the two in the gables pictured below:

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