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re: Anybody know anything about construction contract laws? I have a situation
Posted on 5/11/17 at 4:45 pm to Lakeboy7
Posted on 5/11/17 at 4:45 pm to Lakeboy7
quote:Right, but even removing just the wall would allow smoke from the fireplace to seep into the kitchen. The concrete wall in the kitchen turns out to be an integral part of the fireplace, chimney system which is located on the other side of the wall in the living room. And without the additional space created by their pledge to remove the wall, their design is no different from the others that were $20,000 less.
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.
1
Posted on 5/11/17 at 5:23 pm to Lakeboy7
quote:
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.
No, not in this situation and if L.A. has lost faith. That could lead to WAAAAAAAAY more problems, delays, etc. and they would end up change ordering the hell out of him finding shite. No, sometimes it's better not to demand performance a situation like that. You'll end up having two knuckleheads tearing out shite and rigging something. Or them walking because you're forcing them to engineer something not in their scope.
If it was a simple task and not one where it affects the integrity of a something like a fireplace, I'd possibly agree.
This post was edited on 5/11/17 at 5:32 pm
Posted on 5/12/17 at 12:05 am to L.A.
How and the hell did you think you could remove a wall with a fireplace on the other side of it, but not remove the fireplace???
I'm just not understanding this one bit.
I'd like some pics of this out of curiosity.
I mean a wall has a fireplace in it, you want to remove the wall, but keep the fireplace? Wut?
I'm just not understanding this one bit.
I'd like some pics of this out of curiosity.
I mean a wall has a fireplace in it, you want to remove the wall, but keep the fireplace? Wut?
Posted on 5/12/17 at 1:43 am to SuperSaint
quote:I didn't know the concrete wall in the kitchen anything to do with the fireplace in the living room. It's two separate rooms. None of the kitchen remodeling company employees understood that either until after we signed the contract agreeing to their design.
How and the hell did you think you could remove a wall with a fireplace on the other side of it, but not remove the fireplace???
quote:No.
I mean a wall has a fireplace in it, you want to remove the wall, but keep the fireplace? Wut?
Posted on 5/12/17 at 1:56 am to L.A.
Why don't you please provide some photos for reference.
Take it with different angles top to bottom.
Let it be noted I merely asked for wall and fireplace photos and not of your wife.
Take it with different angles top to bottom.
Let it be noted I merely asked for wall and fireplace photos and not of your wife.
This post was edited on 5/12/17 at 1:59 am
Posted on 5/12/17 at 11:07 am to RockyMtnTigerWDE
quote:If it would help anything, I would. But at this point the issue is the contract.
Why don't you please provide some photos for reference
I had another contractor (different company) come by yesterday and he said to remove the concrete wall in the kitchen would involve removing the chimney and some fairly extensive repairs to the roof. He also suspects that the concrete wall is load bearing since it goes all the way up to the ceiling, but said there's no way to know for sure without getting inside the wall.
Posted on 5/12/17 at 5:22 pm to L.A.
Have you approached the original company about lowering their price considering the scope of work will now drastically change given they aren't performing the work on the wall/chimney?
Did they break their scope of work out by line items?
A $48,000 contract should be extremely detailed
Did they break their scope of work out by line items?
A $48,000 contract should be extremely detailed
This post was edited on 5/12/17 at 5:23 pm
Posted on 5/12/17 at 6:13 pm to hiltacular
quote:We have considered that but I've got to say that we've really lost faith in this company.
Have you approached the original company about lowering their price considering the scope of work will now drastically change given they aren't performing the work on the wall/chimney?
quote:Not really. I showed the contract to the independent contractor who came by yesterday and he was surprised at how shoddy and vague it was.
Did they break their scope of work out by line items?
A $48,000 contract should be extremely detailed
Posted on 5/15/17 at 12:18 am to L.A.
I would ask them to provide a deductive change order to the contract eliminating removal of the wall since it can't be done. And when the credit they provide you is inevitably not even close to the difference of the other bids, use them as a bargaining tool.
LOL at just summarily thinking a concrete wall could be removed. You don't just pour concrete for shits and giggles.
LOL at just summarily thinking a concrete wall could be removed. You don't just pour concrete for shits and giggles.
Posted on 5/16/17 at 12:50 pm to L.A.
I thought I'd give those who responded to this thread an update on how things worked out.
Since it appeared that California contract laws heavily favored working out a solution rather than voiding a contract, the contractor and I worked out a solution after he showed us a 3-D redesign of the kitchen. In this redesign, the concrete wall stays where it is. He came down $6,000 from his original price. Plus he agreed to do a few extras for us for free, like purchasing and installing a retractable sliding door in the kitchen, purchasing and installing a screen door for the outer kitchen door, and purchasing and installing a ceiling fan for the kitchen. All in all, I think we worked out a good compromise.
Thanks again to all of you who took the time to offer your thoughts. Every post was greatly appreciated.
Since it appeared that California contract laws heavily favored working out a solution rather than voiding a contract, the contractor and I worked out a solution after he showed us a 3-D redesign of the kitchen. In this redesign, the concrete wall stays where it is. He came down $6,000 from his original price. Plus he agreed to do a few extras for us for free, like purchasing and installing a retractable sliding door in the kitchen, purchasing and installing a screen door for the outer kitchen door, and purchasing and installing a ceiling fan for the kitchen. All in all, I think we worked out a good compromise.
Thanks again to all of you who took the time to offer your thoughts. Every post was greatly appreciated.
Posted on 5/16/17 at 1:17 pm to L.A.
Have them create a change order altering scope of work with an adjusted price
Posted on 5/16/17 at 1:19 pm to Carson123987
quote:They are. They're coming over with it today for us to sign. After we review it, of course. Once burned...
Have them create a change order altering scope of work with an adjusted price
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