Further LIR (esp. for Will and Pipppy) ... So, why is the contractor not eating the cost?
|
And, sorry, had to jump in a meeting and got pulled away.
It's not really the contractor's fault. And, in the construction agreement (which echoes case law in Oregon), a contractor can't be held liable for delays outside their control -- specifically inspection failures that are attributed to the design, not the actual construction.
If the contractor hadn't followed the building plans and screwed up, then I'd have a clear case against the contractor. But the contractor followed the plans very carefully.
And contractor I'm working with has been fantastic all along and has already worked with me on the overall cost of the project. E.g., rather than the standard (in Oregon) of an 18% markup, he's doing the project on a cost-plus basis (cost of materials plus labor hours). And he cut his fees 'cause he's relatively new (been a general contractor for 5 years) and he wants the experience of building this type of house -- esp. the framing.
Plus, he actually brought a lot of these issues to the architects early on -- before construction started -- and the architects said that they had "everything taken care of" with the City of Portland. They didn't.
If the architects had done their jobs correctly, I would be moving into the house this week.
I've already started consulting with a friend of mine who is a construction lawyer. She says that there may be a contractual claim against the architects, but the contractor is pretty well insulated by state law in Oregon.
Even then, that may take a while. Even if it comes to a suit against the architects, that could drag on for 3 to 4 years.
|
Responses:
|