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Started By
Message
Anybody know anything about construction contract laws? I have a situation
Posted on 5/10/17 at 11:54 pm
Posted on 5/10/17 at 11:54 pm
We're having our kitchen remodeled. We got bids from 3 companies. We ended up going with the highest bidder because they were the only ones who told us they could remove a cement wall from our kitchen and put new cabinets in that spot. The wall is 5' 3 " long and goes from the floor to the ceiling. They even did a 3-D design of the new kitchen and it includes the removal of the wall and the installation of new cabinets in that spot. Four separate people from their company told us they could remove the wall with no problem, including their head construction guy.
Well yesterday their workers came to the house to remove the old cabinets and it took the worker about 30 seconds to look at that wall and say it couldn't be removed because it is one of the walls that protects the chimney, which is on the other side of the wall in the living room. He said it is likely a load bearing wall as well
So my question is about the contract we entered into with them. We signed the contract for the job which includes the removal of that cement wall. Since they can no longer do what they promised to do in the contract, is there anyway I can get out of this contract with them? We've already paid them 5 grand for the removal of the old cabinets and the installation of a tankless water heater. Id gladly let them keep whatever is left of the 5 grand. I have completely lost confidence in them.
So can I get out of this contract?
TIA
Well yesterday their workers came to the house to remove the old cabinets and it took the worker about 30 seconds to look at that wall and say it couldn't be removed because it is one of the walls that protects the chimney, which is on the other side of the wall in the living room. He said it is likely a load bearing wall as well
So my question is about the contract we entered into with them. We signed the contract for the job which includes the removal of that cement wall. Since they can no longer do what they promised to do in the contract, is there anyway I can get out of this contract with them? We've already paid them 5 grand for the removal of the old cabinets and the installation of a tankless water heater. Id gladly let them keep whatever is left of the 5 grand. I have completely lost confidence in them.
So can I get out of this contract?
TIA
This post was edited on 5/11/17 at 11:02 pm
6
Posted on 5/11/17 at 12:41 am to L.A.
Is this in Louisiana?
Posted on 5/11/17 at 12:54 am to lighter345
No, California
Posted on 5/11/17 at 12:54 am to L.A.
Hard to say without seeing the contract.. I'm going to go out on a limb and say that nothing stops you from breaking the contract. You will likely owe them for any work already performed and any material that may have been procured for your job. Don't offer this up, but if this is the case, make sure you get any material you paid for.
I'm in commercial construction procurement, but I'm not familiar with residential laws.
I'm in commercial construction procurement, but I'm not familiar with residential laws.
Posted on 5/11/17 at 6:23 am to LSUTOM07
Depending on the contract, you could be at a minimum responsible for costs to date, but depending on the state and on the contract you could also be responsible for any overhead and all profit on both the finished and unfinished work.
Before breaking any contract have an attorney look at it. Best bet is call the owner/project manager and see what credit he will gee for not removing the wall, and see if the numbers seem fair. At this point seeing an attorney could get more expensive then working something out.
Again, not familiar with Cali law
Before breaking any contract have an attorney look at it. Best bet is call the owner/project manager and see what credit he will gee for not removing the wall, and see if the numbers seem fair. At this point seeing an attorney could get more expensive then working something out.
Again, not familiar with Cali law
Posted on 5/11/17 at 9:44 am to L.A.
As others have said, it depends on what your contract says. But if your description is accurate, they're the ones who should be worrying about how to get out of this contract right now. They can't just agree to a certain scope of work for $X and then not perform.
Posted on 5/11/17 at 9:54 am to studentsect
quote:This is my thought. The only reason we went with their proposal, which was $21,000 higher than the next bid, was because they told us they could remove that cement wall, thus enlarging our kitchen.
As others have said, it depends on what your contract says. But if your description is accurate, they're the ones who should be worrying about how to get out of this contract right now. They can't just agree to a certain scope of work for $X and then not perform.
Posted on 5/11/17 at 12:12 pm to L.A.
Perhaps you should get a structural engineer to look at the wall before making a decision.
Posted on 5/11/17 at 12:18 pm to Maniac979
quote:Thanks. The problem is that even if the wall is not load bearing, it could only be removed if we wanted to remove the fireplace/chimney, which we do not. I would expect them to know what the wall was since this is their area of expertise. But as I mentioned before, 4 representatives from their company looked at the wall and not one of them realized what it was. It took a laborer who had come to tear out the cabinets to understand what purpose the wall served, and he recognized it almost immediately.
Perhaps you should get a structural engineer to look at the wall before making a decision.
Posted on 5/11/17 at 2:18 pm to L.A.
Your contract should have a termination agreement. Give them reason why in writing why you want to terminate them from the job and agree to pay for the work performed to date. Look the bill over and if it seems out of line, have another contractor look it over. Sometimes it worth it just to get rid of the headache if it's not to over-the-top in fees. It's obvious the misjudged something so they may want to exit the job too.
Posted on 5/11/17 at 2:21 pm to Cdawg
Thanks Cdawg. We gave them $5,000 up front to install a new tankless water heater outside (removing the old tank water heater from the kitchen) and tear out the old cabinets. I imagine we're about even on the financial front. I'm going to take a look at the contract to see if there's a termination agreement.
Posted on 5/11/17 at 3:11 pm to L.A.
How much is this project? I might have someone who can help you.
Where in Cali?
Where in Cali?
Posted on 5/11/17 at 3:15 pm to eng08
$48,000. They agreed to lower it to $43,000 since we were paying cash.
Los Angeles.
Los Angeles.
Posted on 5/11/17 at 3:34 pm to L.A.
If the wall is indeed concrete, it could be saw cut on both sides of the chimney and removed if it is not structural.
It seems you have a difference of opinion between individuals of the same company. These individuals at least need to get together and decide who is correct.
It seems you have a difference of opinion between individuals of the same company. These individuals at least need to get together and decide who is correct.
Posted on 5/11/17 at 3:37 pm to L.A.
quote:
e've already paid them 5 grand for the removal of the old cabinets and the installation of a tankless water heater.
Jesus. I'll fly to LA and do that for 4k.
Posted on 5/11/17 at 4:21 pm to L.A.
quote:
termination agreement.
yeah I dont think I would terminate, send them a demand letter demanding performance under the original contract. The frick up is on them for quoting you on a price (after an inspection).
That it is more cost for them is their fault not yours so they should have to eat the cost.
Posted on 5/11/17 at 4:24 pm to Maniac979
quote:I may not have been clear earlier, but all of their employees now agree that the wall cannot be removed unless we also want to remove the fire place and chimney, which we do not. So removing the concrete wall is no longer an option. And therein lies the problem. The only reason we went with them is that removing the concrete wall and putting cabinets in that spot was part of their proposal. The other two companies we got bids from did not offer that as an option. Evidently those other two companies knew what the wall was and didn't even offer to remove it.
It seems you have a difference of opinion between individuals of the same company. These individuals at least need to get together and decide who is correct.
Posted on 5/11/17 at 4:26 pm to Lakeboy7
quote:But the thing is that we don't want to lose the fireplace on the other side of the wall. The fireplace is one of the features of the house that we really like.
yeah I dont think I would terminate, send them a demand letter demanding performance under the original contract.
Posted on 5/11/17 at 4:29 pm to Cdawg
quote:I checked the contract. There is no termination agreement, but there is a place where we both agreed to arbitration.
Your contract should have a termination agreement.
Posted on 5/11/17 at 4:40 pm to L.A.
quote:
The fireplace is one of the features of the house that we really like.
Shouldnt matter. Contracts are about performance, its now on them to figure out how to do it and taking out the fireplace was not in the original contract.
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