How to Hire a Contractor

I like this overview. The comments are really interesting because of the real anguish they describe. Several thoughts that might help. There really is a good process for going through a major remodel and hiring a GC. I have a chapter on it in this out-of-print book: ReModel! An Architect's Advice On Home Renovation. Much of the "control" Owners seek is found in Deep Throat's advice: FOLLOW THE MONEY. Managing the honeymoon, the hiring dance (when promises are made), and inevitable construction changes are mashed up with where RISK resides during construction and being diligent about cash flow. Many confuse the physical design (the new Master Suite) with an appropriate administrative process that anticipates problems. So I think you should 1) seek out a binary pro to offset the builder (like a surgeon and anesthesiologist) and 2) create a vision for the tailored process in a Contract offered by you, the Owner. Then you can go shopping for the cool things you want in your kitchen.

I hate to update with bad news but if someone can learn from this tale of misery that will be good. We are now into $250,000 of legal bills trying to hold this builder accountable. We had an arbitration over 4 days. I brought physical evidence of my siding I pulled by my hands on day 4 .It showed the siding stained on one side only and the nails that don't hold. I even learned on day 4 through a last minute submission by opposition that old material the builder had hanging around his property was used on our custom $1.4 mil house! The contract required all new material. The evidence was clear during the 4 days and both sides had witnesses and the judge seemed to get it. When the judge said he came from a small western Colorado area that has no zoning or codes I felt twinge of an *oh no*. The judge had two huge books of exhibits, the architectural plans with County notes and a 2012 IRC appendage that the County notes referred to attached to the official plan set and he took notes. On my bizarre powder room the date of the plan change without approval was in evidence and the date was clear on when it occurred. The cabinet maker testified by phone that the plan changed happened BEFORE I ever visited them to discuss cabinets. The judge ignored it all. The judge had 30 days to review the case after arbitration and give a ruling but he spent only 20 hours on it before he issued the ruling ( I know that because of a JAG (judicial arbitrator group) bill we received). The judge ruled the builder was the prevailing party (and his insurance liability company) even though we had no counter claim against us nor were we found liable or culpable or guilty of anything! The judge did find the builder liable for breach of contract, misrepresentation ($ fraud), breach of express and breach applied warranty. Yet the judge says WE have to pay all the legal bills of the builder ($150,000). To make his ruling so bizarre and twisted the judge eliminated or disregarded clear language of our contract and the contract's house plans and ignored evidence! He admitted the builder didn"t so this, didn't do that, didn't get approval of that...but hey, it is all fine. We received ZERO on the physical house defects and a tiny amount for the fraud. What we received for fraud will be deducted off the builder's legal bills so we get nothing, zero and WE have to pay their legal bills!!! Of course we are fighting this in the way the rules of arbitration allow (which believe me are nuts). First we have asked the judge for a modification of his piddly award based on miscalculation of amounts. Second we filed a motion of objection to the legal bills sent by opposition which did not include detailed records or itemization which is required. My lawyers cited a Colorado Supreme ruling that said anyone found guilty of breach of contract cannot be the prevailing party no matter what damages were. In case you didn't know, arbitrators do NOT have to follow or apply ANY laws! Thirdly is our last and final option. We can go to district court to ask to have the decision vacated. Courts are usually unwilling to overrule an arbitrator but they can be on a handful of points. One being *exceeding powers* which this judge clearly did by changing or ignoring what out contract/plans specified. He could only work with the actual contract and actual plans but he did not. He made up reasons to excuse the builder and he even got facts wrong in his written ruling. So our chance is slim but it is out there. If I had not had my faith to hold me up through this I would have had a mental or emotional breakdown long go. I have many new great friends in Colorado that are a support too. Never go down the path of arbitration. Never! This builder was well known in Summit County CO and for all purposes appeared normal to locals. He is not normal.

Wow. The story above is crazy. i'll buy a home that's done!