- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
New Build: Now 50 days late
Posted on 9/13/21 at 11:18 am
Posted on 9/13/21 at 11:18 am
Signed contract in March for new construction. Estimated closing late July. They’ve now pushed closing date 4 times. House is about 90-95% done. Needs staining, touch ups, lighting moved etc.
Horrendous communication since I signed the contract. Reviews for builder not same MO: get the down payment and then ghost/lack of comm and delay build.
Builder has been sued before for same issue. Some house were 9-15 months delayed.
Problem is I want the house. Just not sure if worth it to pursue w their history. So, options are: 1) litigate and try and get $ back + costs (short term rent, etc. or 2) try and get specific performance to get them to complete this thing.
I’ve already done orders for custom blinds, rugs etc and just put a hold.
Builder has probably 20-30 houses going in the Heights and Oak Forest. These are not cheap homes.
What say you?
Horrendous communication since I signed the contract. Reviews for builder not same MO: get the down payment and then ghost/lack of comm and delay build.
Builder has been sued before for same issue. Some house were 9-15 months delayed.
Problem is I want the house. Just not sure if worth it to pursue w their history. So, options are: 1) litigate and try and get $ back + costs (short term rent, etc. or 2) try and get specific performance to get them to complete this thing.
I’ve already done orders for custom blinds, rugs etc and just put a hold.
Builder has probably 20-30 houses going in the Heights and Oak Forest. These are not cheap homes.
What say you?
15
Posted on 9/13/21 at 11:21 am to Hou_Lawyer
quote:
Now 50 days late
Every Build is running behind man. Only 2 months behind is something you should be somewhat satisfied with in today's climate.
Wait for your house, move on with your life.
Posted on 9/13/21 at 12:04 pm to Hou_Lawyer
quote:
Hou_Lawyer
It sounds like you are the best person to answer this
I do have a buddy that went through something similar in Austin. The builder paid for temporary housing until the build was finished. Think it was only ~3 months
Posted on 9/13/21 at 12:12 pm to Hou_Lawyer
Everything is behind. Read the contract for remedies.
Posted on 9/13/21 at 12:15 pm to Hou_Lawyer
quote:
ouse is about 90-95% done. Needs staining, touch ups, lighting moved etc.
What are you looking for? It sounds like the house is basically ready to be turned over. The time to bail would have been months ago.
I can tell you everyone I know with a new build is also behind, mostly due to permits and things like that taking forever.
Posted on 9/13/21 at 12:28 pm to hiltacular
quote:
What are you looking for? It sounds like the house is basically ready to be turned over. The time to bail would have been months ago.
I can tell you everyone I know with a new build is also behind, mostly due to permits and things like that taking forever.
I'd be more understandable if the builder didn't have a track record of doing this same thing over and over again. Sued multiple times for this same scenario.
This isn't a case where they can't get permitting done. Went in two weeks ago and gave them a list of issues in the house. None had been worked on from that time period.
Posted on 9/13/21 at 12:32 pm to Sterling Archer
quote:
It sounds like you are the best person to answer this
I do have a buddy that went through something similar in Austin. The builder paid for temporary housing until the build was finished. Think it was only ~3 months
I asked. They won't give a dime. My lender says in this price space, builders usually bend over backwards for the buyer. This is opposite.
Contract remedies don't kick in until 8 weeks after initial closing date. And peanuts so not enough incentive to get them going.
Posted on 9/13/21 at 12:37 pm to Hou_Lawyer
quote:
What say you?
I say count your blessings you are only two months behind. I'm a sub on projects that are 6+ months behind by the time they get to our trade. Covid fricked up every schedule on the planet.
Posted on 9/13/21 at 12:43 pm to Hou_Lawyer
quote:
What say you?
It sucks for you because I get there are very real costs for you.
But... have you looked around? Everything is behind right now. Costs are skyrocketing. How many of this builder's subs took off last week for Louisiana to work here doing reconstruction?
You say builder has a history of this. How long is the history? If it's more than 18 months ago then you should have known when you contracted them. If it's less than 18 months ago... yeah... like others have said, the world sucks since then.
If you are an attorney and signed a contract with such minimal penalties that don't even kick in for 8 weeks... well... =)
If you bail on this house, you are back at square one. Me thinks you are probably pot committed at this point. Ride it out.
Posted on 9/13/21 at 1:02 pm to BottomlandBrew
quote:
I'm a sub on projects that are 6+ months behind
Yeah but at some point this shouldn’t be an excuse anymore. We are over 18 months in, builders should be adjusting and many are. Most are not.
If you are 6 months behind you shouldn’t tell someone you should be done in 5 months.
I don’t know if this applies to the OP, I’m just tired of people blaming Covid for being shady and shitty at scheduling. Add Covid time in by now.
Posted on 9/13/21 at 1:24 pm to Hou_Lawyer
What does your contract provide for in the event of delays? Are there liquidated damage provisions? Does it have force majeure provisions that he will try to invoke to excuse the delays? I assume you've stopped paying him? How much do you have left to pay him?
Posted on 9/13/21 at 2:05 pm to baldona
You can't add "covid" time in because it's not predictable at all. If anyone is giving out timelines at the moment, it will be a number pulled out of their arse.
Posted on 9/13/21 at 2:11 pm to jfw3535
quote:
What does your contract provide for in the event of delays? Are there liquidated damage provisions? Does it have force majeure provisions that he will try to invoke to excuse the delays? I assume you've stopped paying him? How much do you have left to pay him?
I've paid earnest, builder deposit and upgrade deposit. No payments. Remainder of purchase price due at closing.
There are Excused Delays built in which can extend the Estimated Closing. These include acts of God, weather, labor, etc.. (the typical provision). They haven't alleged any.
Liquidated damages applies only to Builder if Buyer doesn't pay remainder after "Substantial Completion" defined as "which shall occur when
construction of the Home is sufficiently complete so that the Buyer can occupy and use the Home for its intended purpose."
Posted on 9/13/21 at 2:23 pm to Hou_Lawyer
2 months behind isn't bad, I'm in southeast Texas and we're almost 4.
Posted on 9/13/21 at 2:26 pm to Hou_Lawyer
Suing right now for delays seems like a losing proposition with the way materials prices and supply chain delays have been. Seems like a judge would be pretty lenient on the builder with those excuses.
Posted on 9/13/21 at 2:39 pm to Hermit Crab
i'm in nearly the same boat, and am glad to be where we are. We broke ground in February and are looking to be in for October.
Posted on 9/13/21 at 2:45 pm to Hou_Lawyer
My builder was 7 months over what he promised. It’s an infuriating process, good luck.
Posted on 9/13/21 at 3:57 pm to Hou_Lawyer
Lets be real: you have to be a giant piece of shite to be in this kind of business. Cutting corners, slacking off, broken promises etc. is always an issue with these people. It's not specific to covid either. It's always like that. It's just much worse now.
Posted on 9/13/21 at 4:07 pm to BottomlandBrew
quote:
You can't add "covid" time in because it's not predictable at all. If anyone is giving out timelines at the moment, it will be a number pulled out of their arse.
So you suck at your job, got it. I’m tired of ‘professionals’ like you that act this way. Actually yoj can, it’s under promising and over delivering. It’s not scheduling jobs and signing contracts you can’t fulfill. The money is there to not be greedy but everyone is.
Again, if OP is right let’s play this game of yours’ with his timeline. He signed a contract in March for a July closing. That’s 5 months. That’s over a year into Covid, btw. So does anyone think 5 months to build is realistic in March?
I deal with delays too, but you know what I also do? I over order the supplies that I know are harder to get and I don’t over promise customers to have something I probably won’t. I also communicate professionally and anytime there’s issues you communicate them.
If a builder can’t complete the final steps to a closing as the OP is discussing, that’s not a materials issues it’s a labor issue. It’s him running too many jobs.
Builders are greedy right now because they have every excuse in the world to Jack prices up and delay. They will also be the first ones to cry for mercy and bankrupt one of 25 LLC’s they have if any sort of bubble bursts. I have 0 sympathy for them right now.
This post was edited on 9/13/21 at 4:10 pm
Posted on 9/13/21 at 4:27 pm to baldona
quote:
So you suck at your job, got it. I’m tired of ‘professionals’ like you that act this way.
Damn, man. Coming in hot. Let's be civil. quote:
Again, if OP is right let’s play this game of yours’ with his timeline. He signed a contract in March for a July closing. That’s 5 months. That’s over a year into Covid, btw. So does anyone think 5 months to build is realistic in March?
Since I'm in the construction industry, I'd have laughed at a five month timeframe. That's an optimistic timeline before covid. We broke ground on a place in February and I figured we'd be good if we were getting in by Christmas.
quote:
I deal with delays too, but you know what I also do? I over order the supplies that I know are harder to get and I don’t over promise customers to have something I probably won’t.
Thanks for the business lesson. If only I'd have known that and I wouldn't be in this mess.
I've had stuff on order since November 2020. I can't help if my container has been sitting at a port in Taiwan waiting for a ship since June, and I can't make the domestic glass float plants produce more glass. Just because you don't believe there is a supply problem doesn't mean that there isn't one. I'd love to get more work through the pipeline. I had guys standing still this summer waiting on other trades to get their shite done because steel and aluminum were slow.
I tell my customers that lead times are anywhere from two weeks to next year and it all depends on hardware and glass availability, which I don't know until I order. I don't lie to them like you believe I do.
quote:
Builders are greedy right now because they have every excuse in the world to Jack prices up and delay.
I guess I'm just supposed to eat the increased material and labor costs?
ETA: I also want to go on record and say I'm not defending the builder. I'm defending covid construction timelines and saying two months behind schedule at 95% completion is remarkably good in coivd times.
This post was edited on 9/13/21 at 4:38 pm
Page 1 of 2
Popular
Back to top
Follow TigerDroppings for LSU Football News