Check out some similar questions!

heidijones · Dec 7, 2016, 01:35 PM

Hello. We added a second story to our home and our contract was for 120,000. Shortly after the job was started and walls were open the framing of the first floor was found be insufficient for addition and needed to be reframed. The contractor spoke to us and said he could fix it for 7,000 additional. We are reasonable people and realized this was unforeseen and agreed without a problem.

Fast forward 7 months. Job is complete and he is saying we owe $8,000 more than we should. He's saying every job has unforeseen expenses which I get but how can you not talk about this with us when they come up like he did with the framing issue. We never agreed to pay any more besides the additional $7,000 which we gave him without even signing anything.

And... we moved back in the home with my disabled father and we have no hot water! It gets warmish for literally 3 minutes and turns cold. He says our heating system cannot handle the addition but never mentioned anything along the way. We are now in here in winter with a disabled man with no hot water and he's saying it's not his problem and he's asking for $8,000 more!

We're not paying it since was never discussed or agreed upon and he's making us feel like we are terrible people and threatens court. Are we wrong?

ScottGem · Dec 7, 2016, 02:17 PM

Do you have a written contract? If so what does it say about additional costs and expenses?

As far as the plumbing is concerned did he extend the plumbing into the addition or just use existing plumbing?

Have you had local building inspector in to review and approve the work?

Where are you located?

heidijones · Dec 7, 2016, 04:46 PM

Hi we do have a contract for $120,000 for the scope of work. I just reread contract and it doesn't mention in any capacity additional expenses. We figured if they were any issues they would be mentioned along the way as they were with the framing issue and that we wouldn't be bombarded with an extra 8,000 we don't have at the end.

I'm not sure what he did with plumbing we added a bathroom upstairs and renovated an existing bathroom (if that helps). We've already come to the conclusion we will fix the hot water issue on our own but still feel we should have been told about this when the job started

Fr_Chuck · Dec 7, 2016, 06:03 PM

You agreed to the 7,000 add on, and unless he presented reasons for additional. (depending on the wording of the contract, all he can bill for would be the 127,000. Not an additional 8000 (135,000)

He would need to prove any and all cost over runs.

If he added a bath, and the water is not working, it is his problem and should not receive full payment till it is.

ScottGem · Dec 7, 2016, 08:16 PM

I agree with Chuck. Unless the contract spells out what to do about additional costs, then the contractor has to get approval for them. Also, as Chuck said, he is responsible for making the plumbing work properly.

How much have you paid at this point?

I'm still wondering where you are. A cost of a $120K for adding a second story seems a bit high to me, but this is not my field so I could be wrong. On the other hand an additional $8K out of a $120K job doesn't seem like gouging. Have you asked for an accounting of the extra $8K?

talaniman · Dec 8, 2016, 08:25 AM

If I were you, I would have a check for the contracted amount of this work ready to go, and full documentation of your complaints and issues, as well as an official notifications of such.

It's his right to dispute any claims you make be it for money, or workmanship, but if his record keeping and documentation falls short, then he is indeed liable for any of YOUR costs to address and rectify such conditions.

Consult with a contract lawyer to see where you stand before getting into expensive and emotional conflicts with this fellow. You seem to have a very strong case if you press forward CORRECTLY.