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Contractor problems

From: ddingley@hotmail.com
Category: Structural
Remote Name: 12.72.226.123
Date: 25 Jan 2002
Time: 10:05 AM

Comments

We are currently converting our attic space into a second storey. Because head height is a premium we hired an architect and engineer that were familiar with these kinds of projects. They drew up a set of plans that dropped the floor joists inbetween the ceiling joists. The contractor that we hired ignored these plans and placed them above, causing us to lose 9 inches of height. He said that it would cost us $3000 to tear the joists up and start again. So we carried on. This loss of head height caused us to increase the size of the dormer on the front at a cost of $800, and also made it necessary to put a dormer on the bathroom for head height to get into the bath ($3000). All of which would not have been necessary if the contractor had followed the original drawings. He claims that if he had followed the drawings that the house would have fallen down, and his way was far superior. Anyway to cut a long story short, we borrowed some more money to put the dormer on the back. We had our architect and engineer draw up some sketches, preliminary plans and told the contractor that we needed the dormer to be at least a certain length to fit the tub in. We came home after he had been framing it for 6 hours and hit our heads on the top of the framing!! Not only had he made the dormer shorter in length than what had been drawn on the plans, but he should have stopped when it became obvious that you couldn't actually walk into the dormer. He said that he was only doing as he was told and that my husband had told him to make the dormer a certain length (not true). He said that we would have to pay for another change order to increase the height. We said no way. He cleared out his tools and left. He came back on Monday with a typed change order for $470 to carry on.

Can we somehow get out of this contract? My architect refuses to work with him. We have paid him for what he's done so far except the 10% profit and an interior protection fee (what interior protection?). He also hasn't finished some of the framing that we have paid for. We have another contractor that is willing to finish the project for us. I just don't want to get into a legal battle with him over whether we owe him anything or not. Also we have paid for the HVAC but it hasn't been completed but he hasn't paid them yet. What are our options?

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