Ask Me Help Desk - Value of a builders mistake

I am currently building with a large builder and have run into SEVERAL issues. The biggest one is that I selected and elevation that significantly altered the entry-way to my future home. The change has altered the appearance and is severs feet narrower than I was expecting. After reading through the contract and paperwork I could technically get out of the home because they did not disclose this info to me. My question is, I am going to propose they do something to "make me happy" in a sense, so how do you put a value against that? They cannot alter the entry, so how would you propose a value (money towards closing, additional upgrades at no cost, etc.), any suggestions help.
Thanks!

"severs(sic) feet narrower than I was expecting. The plans should have stated an entry size. Is it different than the plan? Is the elevation different than what you chose? "expected" may not get you too far if what was built is the spec.

The difference has to be a major difference from the blue prints. If you chose a different location, and the builder had to adapt it, to a land change, it may be considered your change.

Do not assume you can easily get out of a contract. Most builders have you sign, and sign any variation. It does not matter what you assumed, it only matters what the exact approved blue print, plus any allowed deviations says.

There is no set value in your happiness, the only value is what it will cost for you to have it repaired. In fact you would have to give the builder the option of changing it to be back to the specific blue print.

Quote:

Originally Posted by Fr_Chuck

The difference has to be a major difference from the blue prints. If you chose a different location, and the builder had to adapt it, to a land change, it may be considered your change.

Do not assume you can easily get out of a contract. Most builders have you sign, and sign any variation. It does not matter what you assumed, it only matters what the exact approved blue print, plus any allowed deviations says.

There is no set value in your happiness, the only value is what it will cost for you to have it repaired. In fact you would have to give the builder the option of changing it to be back to the specific blue print.

The plans and contract I signed all show only the elevation change, the entryway does not dipict any difference. There is nothing in the contract stating that the size will change either, only elevation. The builder has not been able to even show me what a finished product looks like, only drawings, which do not match what was built. I never saw blueprints, only the paper copies I signed repeatedly. There is verbiage in the contract that states they are required to explain any differences in design that I could not know from the model or images I saw. I'm not looking to get out of the contract, however they have defaulted on their terms, so shouldn't I be offered something?

Quote:

Originally Posted by ma0641

"severs(sic) feet narrower than I was expecting. The plans should have stated an entry size. Is it different than the plan? Is the elevation different than what you chose? "expected" may not get you too far if what was built is the spec.

I was never provided plans. I was given 4 options of elevation differences and all showed the same entryway. We have had numerous problems with their "plans" thus far, as they started building my home from the wrong plans and we have had to point on numerous issues. This issue however I know cannot be fixed, as it is structural and will compromise the integrity of the structure/roof. I'm trying to get an idea of what would be an acceptable request to them for making such an error/not disclosing the changes that are not called out anywhere in the contract or options/upgrades I selected.

The issue with, "explain" is that they can say they did, you can say you did not understand, what, and almost the only thing that will matter is what is signed in writing.

** if this was to go to court.

Are we discussing, a few inches? Or how much percent deviation of the opening?

Does the contract, give any rules or guidelines for handling disputes. I will go with on a house, anything can be fixed or changed. It may require major work on foundation. But it is possible. (at a very high cost) So that would still be the expected price for accepting.

Nothing was explained and I have a documented email from them agreeing that they (the sales person) was unaware of the difference. It is several feet different.

Again, what was signed is an elevation that is what I was expecting, it was the same as the model, and the same as all other options I could have chose from. Nothing was signed stating that there was going to be a change to the size of the entryway width.

Quote:

Originally Posted by Fr_Chuck

The issue with, "explain" is that they can say they did, you can say you did not understand, what, and almost the only thing that will matter is what is signed in writing.

** if this was to go to court.

Are we discussing, a few inches? Or how much percent deviation of the opening?

Nothing was explained and I have a documented email from them agreeing that they (the sales person) was unaware of the difference. It is several feet different.

Again, what was signed is an elevation that is what I was expecting, it was the same as the model, and the same as all other options I could have chose from. Nothing was signed stating that there was going to be a change to the size of the entryway width.

You sit down and negotiate a solution. Be aware that the burden is on YOU to prove you were harmed or damaged and did NOT sign off on any changes. Also be aware that THEY may not be obligated to go along with your claim, or agree on it's value to you.

Just from what you have written, they may well prove that any changes saved you money, and you did sign off on them, whether you understood or not, and being you have had many issues before with this builder/salesperson, how were they resolved?

It's really hard to advise you without further facts, history, and not having your contract before us, as there is NO VALUE on your happiness, when executing the terms of a contract. You sound like you need an independent consultant, or guidance through some technical issues.

Is an email enough leverage to gain dollars, and how much? Only a careful review of your contract can answer that.

"I was never provided plans". I have built 2 homes, bought and owned a number of others. I cannot imagine buying or building a house based on the elevations alone. In fact there is usually a sentence or two noting changes may be made based for interior or code requirements. How big are the bedrooms? Where is the stove located? I just inspected a new house for someone and to get from the garage to the kitchen, you had to go down a hall, through the dining room and then the living room. WHAT? The last house I built, a 1400 Ft log home had complete floor plans down to inches, ways the doors swung, how big the windows were and even numbered every log. The last home we bought, from the builder, had a clause in the contract as follows. "EVERY detail as to Aspen model located on lot 26 will be IDENTICAL to the model home". When they installed the wrong smaller front door package, I had them rip it out, at their cost, and install the 9 ft. high round top, not the 8 ft. flat top door. That also included rebuilding the stonework. Without a signed off detail plan, you are going to have a fight to get the changes made. Are you sure you never signed a construction contract?

"I never saw blueprints, only the paper copies I signed repeatedly."

It sounds like you may have signed all kinds of change orders. If so, you don't have a chance of getting a dime.
This is all so murky I think it's a waste of time to try to sort it out here.