SEMCO Homes

The plans were deviated due to city inspections and construction guidelines. The contract signed and agreed upon by the above client, states in Paragraph 4 "The Plan of Construction is set forth on Exhibit A (Thumbprint/Plan) herein attached and made a part of this agreement. This is a General Plan of Construction and Buyer acknowledges and agrees that variations in the Plan of Construction may occur as part of the normal process of Home Construction."

Semco's Project Manager met with the client on the jobsite after she shared her concerns. He explained why the construction of the front porch had to be modified. The buyer sent him a text with a similar picture of a front porch after she left the jobsite and was assured that it would be very similar. She replied via text that the changes would be fine as as explained to her. So, Semco proceeded with construction. A few days later, Semco received a Termination of Contract from the client. Before the client cancelled the contract, she had chosen upgrades to the house that Semco had already installed or were ordered that were outside the agreed upon contract price. While Semco was in the process of doing a change order with her for the difference in cost which was around $25,000, she cancelled the contract.

Therefore, at this point the buyer owed Semco approximately $25,000 for items that were already ordered or installed in the house. The buyer Semco a $50,000 down payment which was 10% of the contract price, $1,500 for the architectural plan of the house and $1,000 to hold the lot she had chosen. All of the above costs totaling $55,250 were to be credited to her at closing as stated in the contract that was signed.

Semco is not aware of a "professional inspector" inspecting the house, nor did they receive any reports. Semco conferred with a structural engineer and he verified the plans were fine. Semco had also passed all of the inspections required by the City of Oklahoma City Building Department. Semco made numerous settlement offers over and above the upgrades that the buyer chose, unfortunately the buyer rejected them.

Semco's contract states that the matter could be settled through arbitration and was willing to go to arbitration as they had been advised the decision would be in their favor.