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Canceling a Home Remodel Contract and Actually Getting $$ Returned

hornian

By hornian
in Can You Help Me With This?

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hornian

hornian 5222

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It looks like a contractor I signed up with to get a limited remodel (to change our front entry and turn a room into a nursery) done this year is just completely dropping the ball and I will likely need to cancel the contract and try to get some of the money I have paid back. I'm very disappointed for not doing this month's ago, because the signs were there, but you live and learn. Here's a (believe it or not) abbreviated timeline:

  • March: Sign the contract to have the work done. The scope of work includes remodeling a room to create a nursery - which is important, because we found out my wife was pregnant in February, and that she was due in November. Contractor is aware of this timeline, and the contract says that work should start 4-8 weeks after the contract is signed, and be done in June or July, in plenty of time.
    • This is what the contract says about cancellation: If cancelation request is received after the 14 day period, a 10% cancelation fee of the total contract will be applied, in addition to any expenses, fees, materials, services rendered, etc. Both the Contractor and the Clients, or any affiliated party, family member, etc, shall not make any negative statements or comments, written or oral, about one another (or any businesses of which the Parties have actual knowledge are affiliated with one another) to any third party in any public or private forum, including any online consumer ratings service, with regard to the circumstances surrounding or giving rise to the Work, Property, Project, and Dispute. Any statements or comments in violation of this section shall be deemed a material breach of the Contract. The Parties agree and acknowledge that this non-disparagement provision is a material term of this Contract, the absence of which would have resulted in the Parties refusing to enter into this Contract. In the event the Contractor meets requirements of this Contract and the Client make disparaging statements or ratings, written or oral, the Contractor is legally entitled to pursue all damages and Client will be responsible for fees incurred."
    • Side note - I'd like them to actually try to enforce that non-disparagement provision and counterclaim with an Anti-SLAPP motion so fast their heads would spin. 
  • April: "Onboarding" starts - it is described as a 5-6 week process where we pick the actual materials (doors, windows, lights, etc.) while all the plans are finalized and submitted for permitting. It's supposed to be finished by the end of April. There are problems with this process and despite multiple messages through their project management portal to the "onboarding coordinator" materials selections aren't finalized in April (first clue things were not going to go smoothly). Also in April, they have an engineer cut a hole in my ceiling near where the construction is happening to see the framing to get the plans finalized and submitted to the city for permits. They didn't patch this up, because the work was supposed to start in May or June at the latest. I also signed for a "demolition permit" to be submitted, so I assume the permitting is going smoothly (spoiler alert - it was not). 
  • May: Still not through onboarding, materials still not finalized. I send multiple messages and have multiple phone calls that we are concerned because the materials aren't finalized and permits still not submitted. I remind them multiple times about the construction needing to be completed before November due to baby's due date. Also, permits still not submitted to the city and plans apparently still not finalized from engineer (although I was not made aware of this at the time).
  • June: Still not through onboarding, send multiple emails about concern with the process timeline and the need for the work to be done before November. The hold up is blamed on matching a window to the existing window on the budget in the original contract. I approve a change order to pay for a more expensive window to match the existing windows in the house on the phone. Well past the 4-8 week timeline in contract for construction to start. Permits FINALLY submitted on June 29th.
  • July: I get sent the change order and I pay for it. I am under the impression that the windows would be ordered as soon as I paid that change order, as well as the other materials we selected (front door, lights, etc.). I again express my concern that we are now half-way into the pregnancy and construction hasn't started. I am told as soon as the permits are approved that construction will begin, and will be done well before November. At the end of July, find out that the permits were rejected - becasue the company failed to include a tree survey that is required by CoA. 
  • August: Tree survey that is required is done, permit application resubmitted. I again have multiple conversations (in writing and on the phone) about my concerns with the timeline and the requirement construction be completed before November. I am told, in writing that everything is ready for construction and we should be able to start the week after permits are approved, and I am also told in writing "I am confident that the project will be completed before November."
  • September: Permits finally approved. I am finally moved from "on boarding" to the construction phase (allegedly). In the final close out for onboarding, they send my a list to confirm all the materials. The window is wrong. I email and confirm the window that was approved in June and paid for in July. I get an email back that says "That is the window that has been ordered." When I finally talk to the construction engineer, he lets it slip that the windows haven't been ordered, and that there's usually a 10-12 week lead-time. At this point I start going back and putting together a timeline to show how fucked up it is about the windows. I send a written message on Sept. 16th with the timeline for the window (being approved in June, paid for in July, told in writing they were already ordered). No response. I have a walk through with the construction engineer, thinking that was going to be what was needed to get on the construction calendar. Nope. He says he needs to also have a walkthrough with all the trades at some point. I reiterate again that this has to start immediately, because it has to be finished in less than 6 weeks at this point. He promises me that he will call me Friday the 24th with the date that the additional walk through will happen so we can actually get on the construction calendar. After this, I send a detailed letter, with 6-months worth of messages promising a completion date before November, and ask that I am contacted to tell me what is going to be done to meet this promised deadline. I'm met with radio silence (the message about the windows on the 16th was also never replied to). And the construction engineer did NOT call me yesterday (the 24th) as promised. 

At this point, I'm resigned to the work not actually being completed in November, so I don't want them to start unless they can assure me all work can be started and completed in the next 5 weeks. I don't believe any materials have actually been ordered over the last 6 months, and for sure none have been delivered to my house. What I do have is a set of approved plans and open permits (and a hole in my ceiling that has been there for 5 months). There is no way that this is going to be done by November, and I'm not going to have construction going on when I have a newborn at home. 

I want to get the money I've paid to date refunded to me (less what they can prove they paid for permits and anything else), and change contractors, to get this job started next Spring when my baby is at least 6 months old. Besides bringing in a lawyer (which I will do if needed, that's not a problem for me), what can I do to get the contractor to refund my money and transfer the permits to a new contractor?

 

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Celery Man

Celery Man 20996

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I don't actually know anything btw, just getting the appropriate surly gif in early.

That sucks, and having gone through the "here's the list of shit that needs to get accomplished before baby" routine I feel for you. I'd be livid. Aren't you a divorce attorney? You should give his wife your card.

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hornian

hornian 5222

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39 minutes ago, CooterBrown said:

I don’t get why it takes more than paint and maybe new flooring to make a nursery out of a bedroom. I hope the missus gives really good head to expect more than that.

The previous owner did a weird remodel where they took out a wall. Basically made a weird jack and Jill layout with an adjacent bedroom that now connects to the master bath. Need to put that wall back, and we need to add an exterior window for safety/fire code and because we want a window there. 

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CooterBrown

CooterBrown 18022

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The previous owner did a weird remodel where they took out a wall. Basically made a weird jack and Jill layout with an adjacent bedroom that now connects to the master bath. Need to put that wall back, and we need to add an exterior window for safety/fire code and because we want a window there. 

Ah. The sister wife master suite. There may be some magic underwear hidden in the attic.
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deadshank

deadshank 24653

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1.) Onboarding?  What a bunch of goofballs. Trivial thanks that make you surly is that way——->
 

2.) Since when does remodeling a front entry and a little interior work require a tree survey?

3.) Your contractor sounds to be all about the business end and contracts and very short on actual building.  This is a simple job   WTH? 

4.) Where are you?

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hornian

hornian 5222

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1 hour ago, deadshank said:

1.) Onboarding?  What a bunch of goofballs. Trivial thanks that make you surly is that way——->
 

2.) Since when does remodeling a front entry and a little interior work require a tree survey?

3.) Your contractor sounds to be all about the business end and contracts and very short on actual building.  This is a simple job   WTH? 

4.) Where are you?

1) agreed

2) We are adding 45 square feet/demoing a slab and tying back in with new foundation/adding a gable roof. So City if Austin required us to show where “critical root zones” are for some reasons.

3) no clue. They actually responded yesterday and said they want a call on Monday. I’ll believe that when I actually get the call. 

4) Bull Creek/2222 in Austin. 

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fattyflattie

fattyflattie 4638

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We had a plumber walk off a job last year (shower Reno/expansion) that was about 10k.  He couldn’t get the valve (weird temp set deal) to work and was over his hours that he lump summed, so he blew up on the wife and just left (dog cussed her and told her to shut the fuck up, etc). He had been paid in full, the day before (that’s my bad). Wife says she was scared for a moment he was going to hit her.  We were leaving for a vacation the next AM, so just shucked it off and went on vacation. 
 

Upon our return, we asked for recs on neighborhood Facebook site and first 15 came back for them.  Stated they wouldn’t under any circumstances be considered, and his wife took offense (guess she’s their “marketing rep”). Calmly told them it’s not my fault they couldn’t 1) properly estimate his work hours 2) understand how a valve works, as a plumber.  Suggested we don’t air it out online, but would if that’s what she wanted.   Anyway they wanted to tit for tat on Facebook for awhile, and I was drinking so fuck it, it got aired out.  I eventually invited them back over for the asswhipping he would have got had the treated my wife like that in my presence. Crickets. Got a nice letter a week later from their attorney.  My neighbor who is a retired attorney thought it was very poorly written, and was bored, so we continued to go back and forth between our attorneys for several months.  Anyhow, I’m guessing he’s got 20+ hours wrapped up with his attorney on this deal (we’ve gotten no less than a dozen letters and emails).   It has, do date, cost me about $50 in wine for the neighbor. It also cost me $150 for a competent plumber to finish his work, and we’ve used him several more times since - great plumber.  Thru neighborhood parties and random people asking, I bet this story has reached several hundred in the area. I reckon I’ll get my pound of flesh eventually.
 

I say all that to say this. You are a respected attorney iirc, and I’m certain you run with a bunch more of them.   I would lean on your legal senses to figure out if they can fuck you.  I’m sorry to hear about your troubles.  It sucks many contractors aren’t nearly as stand up as the ones who post here. 

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fattyflattie

fattyflattie 4638

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18 minutes ago, CooterBrown said:

Anyone who can’t install a shower valve should not be doing remodeling. It’s not like you have to build it or tune it.

This one there actually is some tuning. In all fairness the good plumber we got had never messed with one either. I downloaded the manual and we got it figured out.  There is different temperature set points and whatnot, basically when you turn on the main valve it’s set to a temp, any of those preset temp. That’s the problem, he couldn’t get it to work with hot side. Its dumb but what was in our house when we built. But the fact that never crossed this guys mind to download a pdf off Google in 5 mins pissed me off.  I’m certain most all of us that do construction get on the wrong side of a lump sum every now and then.  Dude was just a dick.  He’s got 10 fucking vans running around the area, an extra hour isn’t going to sink him. I will absolutely do what I can to help though. 

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boilerhorn

boilerhorn 1399

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On 9/26/2021 at 6:04 PM, fattyflattie said:

This one there actually is some tuning. In all fairness the good plumber we got had never messed with one either. I downloaded the manual and we got it figured out.  There is different temperature set points and whatnot, basically when you turn on the main valve it’s set to a temp, any of those preset temp. That’s the problem, he couldn’t get it to work with hot side. Its dumb but what was in our house when we built. But the fact that never crossed this guys mind to download a pdf off Google in 5 mins pissed me off.  I’m certain most all of us that do construction get on the wrong side of a lump sum every now and then.  Dude was just a dick.  He’s got 10 fucking vans running around the area, an extra hour isn’t going to sink him. I will absolutely do what I can to help though. 

Do you mind sharing the names of both your good and bad plumber?

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hornian

hornian 5222

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Update:

Builder’s rep finally called my Monday. Admitted the window and door were not ordered until September, despite being approved/paid for 2 months ago. And because of that, they wouldn’t even be delivered until December. 

Had no explanation for how they dropped the ball so horribly. Said they could either delay until the Spring, or let me cancel now even though I’m past the 14 day deadline. 

They are supposed to be getting me a reconciliation by tomorrow so I can see what amount they will be refunding me if I cancel. 

And they are supposed to come repair my ceiling by next week. 
 

I won’t hold my breath on any of that. 

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