More on my stupid construction saga. :(

[alioop]

We are in the middle, or beginning depending on how you measure....of a remodeling project.

It is not going well.

I am just barely functioning with the stress from it all. I really need to crank up the business to pay for all this.....but I just want to curl up on the floor and whimper.

The work just began 3 weeks ago, they have poured the basement walls and floor, and we are already 8K over budget....for things we did not request. Today, they just presented us with a $45oo bill that was unexpected, and unasked for. It is starting to feel like we are being ripped off. We have already talked with them several times and told them that we have no more money than the original bid.....but yet, here is another bill.

They have destroyed our yard, everywhere, not just where the construction is taking place. They have dumped concrete on our grass, run over our bedding, torn up paved patios, killed trees........all things that will not be covered by the company at the end. We will have to do all this work at the end, and pay for it. We have almost an acre of yard...and expected the area around the addition to be trashed, but not the whole acre. It is horrible. Cigarette butts on our grass, trash piles not picked up....and they have just begun. The problems go on and on.

I feel sooo trapped too. So out of control. They have a bunch of our money already, and we are stuck. It is really horrible.

blaaaaahhhhhhhhhhhh.................

(UPDATE PAGE 2)
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Cheri, WAHM to one AWESOME girl. Wool wash and more stocking at my etsy shop http://www.etsy.com/shop/alioops

[Just Nikki]

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~Nikki
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[JBTreasures]

I would demand they fix it. They can't just keep doing things you don't want done, and they can't rip things up beyond reason.
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*J.B. Treasures is on hold until life settles down. Thanks to everyone for your support.*

[knittress]

Can you have a consult with a lawyer to see what rights you have?
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[Marcsgirl]

Do you have a written quotation?

Kansas Consumer Protection Act taken from here: http://kansasstatutes.lesterama.org/Chapter_50/Article_6/#50-624 - bolded the important part

50-627: Unconscionable acts and practices.
(a) No supplier shall engage in any unconscionable act or practice in connection with a consumer transaction. An unconscionable act or practice violates this act whether it occurs before, during or after the transaction.

(b) The unconscionability of an act or practice is a question for the court. In determining whether an act or practice is unconscionable, the court shall consider circumstances of which the supplier knew or had reason to know, such as, but not limited to the following that:

(1) The supplier took advantage of the inability of the consumer reasonably to protect the consumer's interests because of the consumer's physical infirmity, ignorance, illiteracy, inability to understand the language of an agreement or similar factor;

(2) when the consumer transaction was entered into, the price grossly exceeded the price at which similar property or services were readily obtainable in similar transactions by similar consumers;

(3) the consumer was unable to receive a material benefit from the subject of the transaction;

(4) when the consumer transaction was entered into, there was no reasonable probability of payment of the obligation in full by the consumer;

(5) the transaction the supplier induced the consumer to enter into was excessively onesided in favor of the supplier;

(6) the supplier made a misleading statement of opinion on which the consumer was likely to rely to the consumer's detriment; and

(7) except as provided by K.S.A. 50-639, and amendments thereto, the supplier excluded, modified or otherwise attempted to limit either the implied warranties of merchantability and fitness for a particular purpose or any remedy provided by law for a breach of those warranties.
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[littleknittles]

that is freakin ridiculous. i would refuse any additional payment until the things they have destroyed are fixed.
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Michele

currently on hiatus from...fun.

[alioop]

Yes, we have a signed contract....with a scope of work and numbers.

The contract is slightly vague....but this stuff is just insane.

So, we are having a room added. A not huge room, with a basement under it. we do not have a basement in our house now, and live in the land of tornado, so a basement was a big request for us.

The contractor came to our house about 4 times to talk with us before we signed the contract. I had a basic drawing of what we wanted. (a bedroom, bathroom and closet).

Before they even started, they "discovered" that we had a gas line running through the area. dont know why this was a surprise, since the gas meter is right next to the area in question, but they moved the gas meter....and THEN sent us a bill for $1300. They did not warn us it would cost this much. We looked up the options on the Kansas gas site, and it looks like they could have rerouted the line rather than the meter for a few hundred $$. BUT, they did not consult us, or give us any options.

We protested the surprise bill, told them they MUST get our approval before doing any work that costs money because we do not have any more money for the remodel than the original bid amt.

Then, when digging, they hit rock. They had to hire a big machine to break up the rock. Unforseen problem. Quoted us $15oo to break the rock. The bill came in at $2300.

And, then today, they sent us a bill for $25oo for the basement walls being taller than usual! Seriously! I think they dug the hole too deep, and instead of backfilling it......they just poured tall walls. And charged us!!!!! We dont want tall ceilings in our basement. It will be harder to finish, which we plan to do ourselves later. They did not get our approval, or mention the price. We are OK with the taller walls....but not with the charge!

The price for the basement to begin with was about 9k. These overages are huge. The rock, well, not their fault, although they charged us WAY too much for it (and hit the gas like while digging).

We are meeting with the contractor on saturday, but as we have already told him several times that there is no more money, and that he must get approval to do anything over budget.....I dont know what good it will do.

As for the general disrespect they are showing our house, I cannot understand it. I just do not understand what people are thinking. I know they think that they will get a buldozer to scrape the crap up when they are all done....but all of our grass, all of our rocks, all of our landscaping will be gone too.

As for legal remedy....this early in the project, I dont know what to do. We will tell him we will not sign the change order for the additional work (approval after the fact), but he has $30k of our money, and we have a big freaking mess. I really feel powerless.
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Cheri, WAHM to one AWESOME girl. Wool wash and more stocking at my etsy shop http://www.etsy.com/shop/alioops

[Erin]

Pay a lawyer a couple hundred dollars to write a letter to the contractor. Just getting the laywer can save you thousands down the line. The contactor needs to know you are serious. If they think you have a lawyer they will back down and pay you some money back or stop billing you so much.
Contractors deal with this type of stuff. They know its not worth the legal headache for them and it would cost them much more in legal fees. So, they will back down if its petty stuff.
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Erin
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[alioop]

Yeah, I wish I had an attorney we used...finding one is so hard.
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Cheri, WAHM to one AWESOME girl. Wool wash and more stocking at my etsy shop http://www.etsy.com/shop/alioops

[Erin]

[couchhound]

Talk to a lawyer! These folks are taking you for a ride and charging you big bucks for it. Hugs Mama!
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Much Love Amy Dog 4-28-00 to 5-31-09

[Kymberli Quilts]

Get a lawyer Cheri! IT WILL help and save you tons! What they are doing is ripping you off and not all contractors are like this. Some like to just barrel through without all the customer service they need to provide. You could have them cease all fixing and take them to court before it gets anymore out of hand. I don't know, I think you have to tell them exactly what you expect in such frame of time, and as soon as they breech, off to court you go to get your money back.

I HATE remodeling. My DH is a DIY guy, and I told him that when I grow up, we are going to have a house that doesn't say, "we did it ourselves". Not slamming his skills, just the time and mess it takes when he works 60 hrs a week, and a commute. I was sooo depressed and aggravated for every sweeping we had to do a zillion times a day. But, at least we didn't have the contractor headache. We did hire a friend/pro to advise us, and we would then go on with the work a few times.

I hope you get your package soon and it lifts your spirit. Kymberli
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[littleknittles]

did you pay them the whole amount already? i would absolutely hire an attorney. ABSOLUTELY. and seriously, do not give them a single penny more. no matter what crap they find. that is the classic contractor runaround. they quote you a lower price and then "find" things wrong. i've never heard of them actually DOING the work before checking with you, but i don't think you're even legally obligated to pay them for work they did not get approval for.

no matter what, please SERIOUSLY do not give them another penny, and hire an attorney or they will continue to hose you!!
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Michele

currently on hiatus from...fun.

[alioop]

[alioop]

Well, we met with him, and more communication problems. He was surprised to find out some of the things that his sub contractors had been doing....and that those things may have been causing the cost over runs. So...he is going to meet with the sub and have a chat. We will see what happens.

Thanks for your advice and support everyone!
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Cheri, WAHM to one AWESOME girl. Wool wash and more stocking at my etsy shop http://www.etsy.com/shop/alioops