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Posted by consumer@yahoo.com on October 7, 2006, 6:22 pm
There was a written contract, although it was very simple. It does
say in the preprinted portion of the contract, that "All work to be
completed in a workmanlike manner according to standard practices. Any
alteration or deviation from above specifications involving extra costs
will be executed only upon written orders, and will become an extra
charge over and above the estimate. "
I think the sentence, " All work to be completed in a workmanlike
manner according to standard practices," would include complying with
building codes in this area. Do others agree? The contract also
calls for "new stairs will have a landing at mid point-landing size
approximately 36" x 36" I would point out that it was understood by
me, that the stairs would be placed in the same location that the old
stairs were located, although I did not know that this was a code
violation. I guess the contractor could argue that everything was
built soundly in a carpentry sense, and that is what is meant in the
contract, but I do not think this would be the proper legal or common
sense interpretation of the sentence.
Does the fact that the owner asks the builder to build something
violating building codes (unknowingly) , relieve the contractor from
the clause in his own contract that he will build "according to
standard practices?"
I am person who will keep to his word no matter what the costs, and
even though I disagreed with all the extra charges I did eventually pay
them (even though there was no written authorization) Further, I
will freely admit that I asked the contractor to build the stairs in a
location that apparently causes a code violation, but I only did this
because I did not know it was a code violation.
The Other Funk wrote:
> Finding the keyboard operational
> consumer@yahoo.com entered:
>
> > I am sorry for beating this thread to death, but please understand
> > where I am coming from. Further, I am grateful for the many posters
> > who have taken their time to give their insight and experience on this
> > thread.
> >
> It being Sunday, I suggest you gather together all your papework and sit
> down to review it. Now I am not a lawyer or a builder but I will try to h=
elp
> you out.
> First, get out the orginanal estimate and read every word on it. What you
> are looking for are - Homeowner is responsible for permits. You also want=
to
> find out what the change order procedure should be. If you can't find
> either, check your contract for them. Also find anything that describes
> exactly what work the contractor is going to do. Is there a drawing that =
you
> can measure against? Go check what was been built vs. the drawing.
> Now that you know where you are, I will try to answer some of your
> questions.
>
> > How is it possible that this could happen? How is it possible that a
> > professional contractor would start work on a project that the
> > contractor knows requires a permit but does not obtain one. Why does
> > the city not make it mandatory that a professional contractor get one.
>
> It happens more often thn it should. Some contractors will even tel you t=
hat
> it's a pain in the butt to get a permit and no one will ever notice Or you
> will hear that the job is considered a repair and doesn't need a permit. =
OR
> THE HOME OWNER IS RESPONSIBLE FOR THE PERMIT(s)! All the contractors I ha=
ve
> dealt with will pull the permits for an extra charge but it started out as
> my responsibility. As I understand it, since one contractor, say plumbing,
> doesn't know the scope of work for say the electric, the burden falls to =
the
> homeowner or the generral contractor if there is one and the permit is
> included in his contract.
>
> > I know that if the inspector requires any changes, my
> > contractor will demand extra labor costs to correct code violations.
> > Does the city have the authority to compel the contactor to fix code
> > violations, How should I handle it when my contractor demands extra
> > labor costs to fix these code violations. ?
>
> That's why I want you to find out what your change order process is. My
> brother was having some major modifications done to his house. His wife o=
ff
> handledly said to the workers one day "that would look better over there".
> When my brother came home from work, he found that wirk had been ripped o=
ut
> and redone based on my SIL remark. Luckily his contract required written
> changes only. The builder had to rip out the new stuff and rebuild to the
> plan at his cost.
>
> Just in case you haven't realized it, you are gambling your certificate of
> occupancy here. If the building inspector happens to drive by and see's w=
hat
> is going on, he will stop the work if a permit is required and not posted.
> Around here that also makes the whole house fair game. No grandfather cla=
use
> allowed.
>
> You are at 150% of what you thought the deck would cost and you are still
> dancing around. Get hold of your project. If you are responsible for the
> permit, get on the phone with the building deptartment and be prepared to
> bite the bullet. If work is being done without your approval, stop it and
> get the details worked out.
> It' your house,don't gamble with it.
> Bob
> --=81
> --=81
> Coffee worth staying up for - NY Times
> www.moondoggiecoffee.com
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