This contractor failed to use the change order process, as required, by our contract. As such, he incurred significant costs early that were not disclosed to us until much later in the contruction process. He claims that we "concealed" soil condition on the property and had he known about them, he would have bid the project differently. This is absolutely not true and my wife and I have been up front with him from the beginning and even brought to his attention the fact that both surrounding homes had overruns in this area and that we did not want any surprises.
Because of the lateness in telling us about the purported material cost overruns, we were not given any opportunity to mitigate it with other budget reductions.incedently, the project was very poorly managed and while the contract called for completion in a year, it was two before we moved in. After allready misssing several deadlines, we had to be out of our rental home by the end of April 07. The house was still not ready and we had plans to spend the summer in Alaska. It was agreed that the home would be ready to move in upon our return. Actually, very little work transpired during our absence, and it was only upon our return did we learn about the material cost overruns. The contractor then abandoned the project when we would not pay what he believed was due him.
We have asked time and time again for financial information to support his claim and we have received nothing that can be reconciled to the draw requests. Our contract calls for arbitration, but we are reluctant to go there as his company appears to have little in the way of assets. Big Lesson learned is to require a performance bond in these kind of situations.
Later, we find that he has stiffed a number of the subcontractors and we have had to pay them to avoid liens being place on our property.
This guy is a real con artist and is very convincing. Don't pay attention to the words. Pay a lot of attention to his actions. I could go on and on about the impact of his actions on our life, but suffice it to say, we are very, very upset with him and what he represents. If you hear his name, run, don't walk away from him.
0 comments