Getting read to scream some more

[damonrpayne]

Yes but that's normal. What is specifically costing you more is the time delay.

In your letter, be very specific about the delays as you see them and specific about what you expect to see. Something like 'there should be some progress in some way by a contracting crew each and every week.' You do not expect to see any periods of inactivity anymore.

Michael

Oh I expect it, I just don't want it!

[Tom Adams]

I should have clarified that. I was referring to an apartment + construction loan.

Thanks Damon. I suspected that might be the case.

Wow.....I really feel for you now. For some reason, I thought you were buying a home that had yet to be built - i.e. the builder was on the hook for the construction loan. IMHO, that's the root cause of the problem - he's not on the hook for the cost of the loan other than what delay penalties that might be in your contract.

You DO have penalty clauses, right??

At first I was on the "don't send that letter" side of the fence. But now that I know you're holding the financial bag, I absolutely support your decision to put in writing your concerns, your expectations, your observations, etc. I also think that it is more than your right to firmly & tactfully let the builder know that "we can do it the easy way or the hard way". IOW, you're more than willing to seek legal remedy. (hmmmmm......I wonder what the builder would think if you showed up across the street from his buisness with a sign on your car that read, "Before doing buisness with _______ ask me for my opinion").

Anyhow, while I support your letter, I would also suggest extreme caution about the wording. As was pointed out by someone else - the pen is indeed mightier than the sword. However, that sword cuts both ways if you know what I mean. Your letter, if effectivity written, can get the builder on your side. The converse is to create an adversarial relationship. At that point no one wins. Personally, that's the point I'd try to make to your builder - that you are looking for the win-win solution and willing to do whatever to make that happen as long as he shows the same willingness. Remember, he could just reneg on the contract, pay you whatever penalty fees he's obligated to, and walk away leaving you with a partially built house that he knows you'll have a helluva time finding another builder to take it on.

Sure wish I had the magic wand to make it better - I'd darn sure wave it in your direction.

Tom

[damonrpayne]

Thanks for the advice again everyone, here is an update.

Nov 1 today and still no roof etc. I got the builder's association involved again yesterday, and the executive director did call and talk to my expiditer directly. Funny, I had been told he wasn't in the office yesterday. At any rate, there's really nothing I can do besides complain until they are beyond the # of days specified in my contract, after that time I can go after them for my constrution loan fees, my rent, and whatever else I can think of. If they don't do anything for a month that's unfortunate, but doesn't matter until they are actually late according to contract.

The guy from the builder's association also said that he made them say they'd send me a written status this week. Funny, I can go to my house and see what the status is.

[michael hurd]

Damon, all I can say is document, document, document. Phone calls, #'s dialed, person you spoke to, time, etc. Write it all down. Afaik, it is ok to record the telephone conversation as long as it is mentioned that you may be recording the conversation. You may want to check local laws before proceeding.

Some answering machines will record up to a half hour, the sound quality is not the greatest, but they can usually be understood. Any letters you send, make sure they are sent as a registered letter, and keep the copies available.

Take pictures, some digital cameras allow you to date and time stamp the pictures.

[colterphoto1]

two words

certified mail.

[damonrpayne]

OK, here's todays update:

The expiditer called me with my scathing letter in hand. He played it cool and told me about all the stuff that is going on today. Today, apparently, my roof is being loaded and will be finished loading tomorrow, the plumber has roughed out half my house, and the electrician is there measuring. Now, maybe this stuff was planned already and maybe me bitching caused this stuff to increase in priority suddenly.

At any rate, I told him that I do not want to be a dick, but that I live so freaking close to the build site that I drive by every day and it makes me insane to see nothing happen for such a long stretch. He claims that lots of "planning and scheduling" was going on during October. He still says he has no construction schedule to share with me though. I told him to just finish my freaking house and he'd be rid of me, politely of course.

[IndyKlipschFan]

I told him to just finish my freaking house and he'd be rid of me, politely of course.

hahahahaha

Just remember do not sign off for ANYTHING till it is done.. not gonna come back n do it.. if you sign off... but totally done!!!

[TheSoundBroker]

Water + Building Materials + Heat = Mold.

I'd voice this opinion loudly. I run a mold remediation and prevention

company as well as a home theater company and if they simply seal up a

long exposed wet structure and heat it all up while still

wet/cold, you have a recipe for a big mold bloom. I'd look at either a

preventative treatment prior to sheetrocking and insulation or mold

resistant sheetrock. Document EVERYTHING including pictures of the standing water.

Nothing worse than mold on your K-Horns!