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Is my contractor incompetent? consumer@yahoo.com 10-04-2006
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Posted by consumer@yahoo.com on October 4, 2006, 10:01 pm
First let me say that I live in Corpus Christi, Texas. Over the past 7
years I probably have obtained 20-30 proposals for various
construction, pool, remodelling, landscaping, electrical work in my
home. Not one had any detail whatsoever. The only one that exceeded
one hand-written page was for a major remodel of my home. You are
lucky in this city to get someone to even give a bid. If you asked for
a detailed proposal, the vast majority of contractors would never call
back.

I wanted to rebuild a deck next to my pool because the staircase to the
deck was made of steel with iron rails and was rusting to the point of
collapse. I decided I wanted to use ipe wood because of its ultimate
durability and beauty. No one in this city had even heard of the wood,
let alone used it. I contacted 4 contractors, Three came out to look
at the project, one despite literally 15 calls would never even give a
bid. Two said that they also did not want to bid because they had
never worked with the wood. One was enthusiastic and gave me a bid. I
felt that if I wanted to use ipe wood, I had to use this contractor.

After starting the project there were multiple arguments over "extra
labor" charges including charges for installing flashing (standard
construction technique from everyone I have asked, charges for
inspecting wood (2 hours), picking up materials (3 hours), even water
and ice charges, (none of which are outlined as possible charges in
the contract) the project is in its latter stages. I am satisfied
overall with the look and construction although I now find that he has
constructed the stairway to the 2nd story deck at a less steep angle
than the original staircase in order to incorporate a 4 foot landing
partway down. Although I guess this looks good, the less steep angle
of the stairs now means that when going up the stairs, I would hit my
head at least in three spots going up since the stairs are right next
to an eve of the house. He did suggest placing this landing to me and
I agreed to it, although I never would have agreed if I realized that
this would cause this problem. The stairway is 42" wide, and the eve
extends perhaps 15" into the stairway, so it is possible to go up the
stairs without problem if you walk on the side away from the eve.

Do other builders think that this was an incompetent mistake on the
part of the contractor? I really am so frustrated by this whole
project, I cannot bear the thought of telling the contractor to rebuild
the stairs. At the same time, every time I go up the stairs I will
probably get upset with the way they are built.


Posted by on October 4, 2006, 10:23 pm
On 4 Oct 2006 19:01:57 -0700, "consumer@yahoo.com"

>First let me say that I live in Corpus Christi, Texas. Over the past 7
>years I probably have obtained 20-30 proposals for various
>construction, pool, remodelling, landscaping, electrical work in my
>home. Not one had any detail whatsoever. The only one that exceeded
>one hand-written page was for a major remodel of my home. You are
>lucky in this city to get someone to even give a bid. If you asked for
>a detailed proposal, the vast majority of contractors would never call
>back.
>
>I wanted to rebuild a deck next to my pool because the staircase to the
>deck was made of steel with iron rails and was rusting to the point of
>collapse. I decided I wanted to use ipe wood because of its ultimate
>durability and beauty. No one in this city had even heard of the wood,
>let alone used it. I contacted 4 contractors, Three came out to look
>at the project, one despite literally 15 calls would never even give a
>bid. Two said that they also did not want to bid because they had
>never worked with the wood. One was enthusiastic and gave me a bid. I
>felt that if I wanted to use ipe wood, I had to use this contractor.
>
>After starting the project there were multiple arguments over "extra
>labor" charges including charges for installing flashing (standard
>construction technique from everyone I have asked, charges for
>inspecting wood (2 hours), picking up materials (3 hours), even water
>and ice charges, (none of which are outlined as possible charges in
>the contract) the project is in its latter stages. I am satisfied
>overall with the look and construction although I now find that he has
>constructed the stairway to the 2nd story deck at a less steep angle
>than the original staircase in order to incorporate a 4 foot landing
>partway down. Although I guess this looks good, the less steep angle
>of the stairs now means that when going up the stairs, I would hit my
>head at least in three spots going up since the stairs are right next
>to an eve of the house. He did suggest placing this landing to me and
>I agreed to it, although I never would have agreed if I realized that
>this would cause this problem. The stairway is 42" wide, and the eve
>extends perhaps 15" into the stairway, so it is possible to go up the
>stairs without problem if you walk on the side away from the eve.
>
>Do other builders think that this was an incompetent mistake on the
>part of the contractor? I really am so frustrated by this whole
>project, I cannot bear the thought of telling the contractor to rebuild
>the stairs. At the same time, every time I go up the stairs I will
>probably get upset with the way they are built.

If I understand your problem, it is that a fellow agreed to work with
an unfamiliar material you insisted on, did a decent job, charged
you amounts you agreed to, outlined a plan for a stairway which you
agreed to and which, when built, is unsatisfactory.

Is he incompetent? He just built you a deck using unfamiliar
materials. So, probably not.

Did he make a mistake? Likely. Code here calls for 74 inch clear
headroom above steps ... indoors. He *couid* have spotted
the looming <grin> problem of the eave. So could you.

You have a contract ... and he has built what the contract called for.
(You agreed.) But a product has to be reasonably suited to its
purpose for the contract to be satisfied.

Tell him you're unhappy .. he should have anticipated the problem and
probably so should you. Ask him for the best solution. Split the
cost with him.

Ken



Posted by longshot on October 5, 2006, 6:25 am
>
> Tell him you're unhappy .. he should have anticipated the problem and
> probably so should you. Ask him for the best solution. Split the
> cost with him.
>
> Ken
>
excellent advice Ken



Posted by mrsgator88 on October 4, 2006, 10:58 pm
Stair clearance is usually governed by the building code. Your deck
probably required a building permit. If your contractor pulled the permit,
then there is an implication that it be built to code. So, lets know the
following:

Is stair clearance governed by code?
Did you have a building permit?
Did you pull the permit, or the contracor?
What did/does the inspector say about the clearances?

The wood you chose has nothing to do with headroom. It should never have
been built in a way that you'll hit your head in several places. Try
selling the place, this will be a real turnoff.

If you pulled a permit, you may not pass inspection if you don't have enough
headroom. If you didn't pull permits, that will come to haunt you one day.

Sounds like he needs to rebuild it at his expense.

S



Posted by consumer@yahoo.com on October 4, 2006, 11:22 pm
There is no permit that I am aware of. I did not even know that a
permit is required. The contractor is registered with the BBB, and was
referred to me by another contractor. As I mentioned, the only reason
I went with the contractor was that I could find no others willing to
work with ipe wood. I have paid each and every draft as per contract
plus his "extras" which, once again, were not explained in the
contract.

At this point what should I do? Should I check into a permit? Is it
possible that the city may require that I tear down this deck which has
already cost me approximately 20K. In the future, what may be the
consequence if it does not meet code? I think the deck itself is O.K.,
it is only the stairs which are problematic.

I did not see how the stairs were going to be built until the landing
was placed today. I work during the day, so it is not possible for me
to watch every step of the construction. There was no draft or drawing
of the deck prior to construction. I would point out, part of the
problem was created because the stairway cannot be moved from the
housing eve because of a pool fence limits where the stairway can go.
I made it very clear to the contractor however, that I wanted the pool
fence to remain. Further, the original staircase did not have this
problem by simply being at a steeper angle without a landing halfway
down.


mrsgator88 wrote:
> Stair clearance is usually governed by the building code. Your deck
> probably required a building permit. If your contractor pulled the permit,
> then there is an implication that it be built to code. So, lets know the
> following:
>
> Is stair clearance governed by code?
> Did you have a building permit?
> Did you pull the permit, or the contracor?
> What did/does the inspector say about the clearances?
>
> The wood you chose has nothing to do with headroom. It should never have
> been built in a way that you'll hit your head in several places. Try
> selling the place, this will be a real turnoff.
>
> If you pulled a permit, you may not pass inspection if you don't have enough
> headroom. If you didn't pull permits, that will come to haunt you one day.
>
> Sounds like he needs to rebuild it at his expense.
>
> S


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