builder problem!

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    • #3018
      kiterunner62
      Participant

      In 2008 i had to rebuild my house. I got an estimate from the builder at about $200,000.00. I had flood insurance,
      homeowners insurance and a construction loan. The plans showed a 4 sided structure. I would assume that this estimate
      was going to be for the completed house. The builder and I had a surprise! We could not finish the exterior wall on one
      side of the house due to the neighbors existing wall. We did do the exterior wall. So, this left one side not finished
      on the exterior. The builder and I talked about this, I also talked with the neighbor and we decided to finish the side
      of the house when he gutted his side and he was going to do a new structure. We share no common walls. My house was
      completed in 2009. (the side exterior wall was not done). I have been worried about this and have been in contact with
      the neighbor, builder, etc. to please let me know when he was going to gut out so we could complete that side. The neighbor gutted out a few weeks ago. Now, we can finish that side. I contact the builder and he sent me an estimate of about $2500. I asked him, wasn’t that side already paid for? in the $200th payment? He said i did not pay him for this
      at all. I asked, “You mean I only paid you for 3 sides?” He said , yes. I told him i had never heard of this. The plans all showed 4 sides and siding, etc. was in the estimate. He and I have know about the unfinished side and he has
      knows it needed to be completed.
      On the original estimate , it did not denote only 3 sides or 4 sides. but I would assume the completed structure of 4 sides. If this is so, then I think he collected too much from me and should refund me the amount of the unfinished side
      or put the bucks to the finished wall.

      He even wants to charge me for ladders and scaffolding. I don’t mind this but I think he needs to cut me a little slack.
      I have asked others about my problem. I just never heard of paying for 3 sides of a house at $200th. I have been emailing
      him, the neighbor , etc. about the rebuild over the years, in other words, constantly renewing the problem.

      Can you advise? Caught in building limbo.

    • #3020
      Gibson39501
      Participant

      What is “written” in the contract you signed?

    • #3033
      kiterunner62
      Participant

      I signed the complete contract at $191,941,90. for the structure. At the time, I don’t think the builder nor I knew
      that the complication would arise from a neighboring structure. The estimate and signed contract does not specifically
      exclude the currently unfinished work. The builder knew about it, i knew about it, the neighbor knew about it, and only
      recently has the structure been gutted out , thus giving us access to my unfinished wall. i have kept in touch with
      the builder, the neighbor, etc. , so this is not a problem that just popped up. We all have known about this since
      the structure was finished in 2009.

    • #3035
      Lex
      Keymaster

      What you describe here could go in any direction -up, down or sideways. That is the way it is when a contract is not clear.

      However, you do have one thing operating in your favor. If there is an ambiguity in a contract, then generally the outcome goes against the party writing the contract. Since, I assume, it was your contractor that created the contract, then in a toss-up you should have the advantage.

    • #3037
      kiterunner62
      Participant

      thanks so much. I will see what happens.

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