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neospecie

Rebuilt/addition problem - walk away or work it out with contractor?

6 years ago

I apologise in advance as this is a long one.


We’re rebuilding and adding to the back and side of our house, roughly 2000 sq ft involved so a rather large project. Ground breaking started in Jan and we have been stalling the last 2 month as our contractor couldn’t get framing/electrical/plumbing inspection passed. We have had numerous mistakes, some easy fix (failure to read the blueprint closely, order wrong item) and quite a few harder fixes that cost money and time consuming. We recently discovered a huge mistake, our eaves are not lining up which requires a total redo and our contractor is refusing to fix it the right way.


I will go back a bit. During the 2 months with little work produced. We noticed our eaves didn’t line up with the old eaves. We pointed it out to multiple workers but they said they weren’t done (which our contractor got mad at us for asking them). We then asked our field manager after, he said it doesn’t look good but is a cosmetic problem and an easy fix. They can fix it later. Going forward 2 weeks later, I got frustrated with no workers working on our house. I called to talk to the inspector to run other concerns by her as I wasn’t getting anywhere with our contractor, she offered to stop by and talk About my concerns. Most of these concerns were fixable and some not a major deal, I learned from her visit. During this visit, she urged me to contact our architect and engineer with our eaves problem as they weren’t as planned. Fast forward, we now discovered our top plate is 1.5 or 1.75 inches higher than it should be. Add to it, our old and new eaves do not match (size). Our architect and engineer suggested total roof redo to the stud, roof have sheaths already. Our contractor has some other plan which will require plan correction, engineer drawing up plan and building submission. All these will cost us time. Their proposal possibly came from their architect/engineer consultants. We said no to these proposals as we are still unsure if they will work and the time involved. He now said if it’s total roof redo, we would have to pay for it. Our architect and engineer said they are currently swamped and will not be able to draw up the plan within the next week or so. Our contractor have said they will talk to their engineer and architect to see if they will agree to take the case, which we are leery of as there is a conflict of interest.


At this point, we rather pay a few hundreds to get this draw up if there is a warranty that this will work?? Do we go with their architect and engineer? Do you foresee any problems? Or do we walk away and have someone else fix the job and do it right?

Comments (6)

  • 6 years ago
    last modified: 6 years ago

    Do you have a contract with your current GC? Have you investigated if it is even possible to get out of it if you do have a contract? What roll is your architect and engineer contracted to have during construction? Why is he saying it is on you for the reconstruction if the roof if he screwed up? Why didn't you get him involved when you saw the errors rather than the "workers"? Walk away is not an easy thing answer, he can lien your property if you fire him or refuse to pay him. I would contact a construction lawyer before anything else.

    Neospecies thanked millworkman
  • 6 years ago

    We do have a contract with our GC. I have looked into the contract and we will likely need to go through arbitration then litigation. I hope to avoid litigation as no one wins, other than the lawyers of course. Our contract with the architects and engineer are merely for the initial plan submission and structural observation, anything beyond that is extra which we have voiced to them we are willing to commission their time just for our peace of mind. The construction owner is blaming it on our plan that it isn’t detailed enough. I know it is not the best plan, but it was good enough for him to blow through it without asking questions. We thought we were doing it right by asking the contractor and the workers (who apparently works for the construction company and role is limited). We then pushed it further with the field manager who didn‘t seem to know better either.

  • 6 years ago

    Yes, in hind sight, we probably should have commission better architectural/engineer company....but hind sight is 20/20. We were also with the impression that we used a big construction company with knowledgable people who have been doing this for 30-20 years. Nothing will go wrong. Even a week ago, they were still singing the tune of minor cosmetic problem, easily fixed and they can just fix it without plan submittal/reviews.

  • 6 years ago

    I will add, we have decided to hire someone to oversee the project better going forward as the architect‘s role was minimal.