What Nerve!

[Lady of the Lake]

I am just blowing off steam....so forgive me.....

We started building our home over a year ago now. It was supposed to be done last October.....then we were promised 11/15....then it was to be done 1/15/05 (by the way, we had sold our home by this time and he had to put us up in a townhome that he is paying for) .....then he promised April 15th. Things still have been moving very slow so we call yesterday to complain...one more time. We were informed on that call that he would have to have it done by May 1st since he had rented out the townhouse that he put us in when our previous home sold for that date.

I have no idea how it will be done by then.....I'm not sure what to do other than get an attorney...which I'm not crazy about.

Your prayers are appreciated.

[Lisa S]

Oh Rosie!

I'm so sorry. Maybe some on our forum will have some good suggestions about what steps you should take next. I'm no good at this kind of thing. My guts start to churn and then I say all of the wrong things.

Is there a lot left to do? Could you take over the contracting and work out a cost reduction from your current builder?

I'm thinking of you...

[Kathy Ann]

I'd be so embarrassed to keep a customer on the string like that! My brother-in-law went through a similar situation. They chose a house lot based on the view, made it clear that was the reason for their choice, and were not told the view would be blocked by other houses. Then the contractor stalled and stalled, and when they did get to work, they kept getting the plans mixed up. Mike and Jody eventually just gave up on correcting them so they could finally just have the place finished. They'd go to the job site at 6 PM and find empty beer bottles inside. They hate their house and after 4 years there, are trying to sell it. But nobody wants to buy because the homes are crammed in so close together, there's no yards, and everyone can see into each other's house. That's in Longmont Colorado. here in Maine some people who also had problems are trying to remedy the situation but they're not getting any sympathy from the builders or the legislature. Here's an article from our local paper just last week:

Published : Saturday-April 09, 2005

Home contractor licensing urged
By Bonnie Washuk,Staff Writer
AUGUSTA - Homeowners, saying they were cheated out of thousands of dollars by contractors doing shoddy home construction work, spoke last week in support of legislation that would require home contractors to be licensed.

But others, including Maine's top professional regulator, said the problem does not warrant state regulation, and that licensing would just increase the cost of home building and home repairs.

The bill, L.D. 1306, would apply only to home contractors who do at least $3,000 worth of work, according to bill supporter Sen. Peggy Rotundo, D-Lewiston.

Rotundo said Friday she has heard "horror stories" from constituents "who lost their life savings due to unscrupulous or inept contractors."

Foundations that were "wavy," uneven windows and door openings that sagged were among the problems mentioned by homeowners at Thursday's public hearing on the bill.

Testimony on the bill went on for hours, with four people speaking against the bill and 19 in favor.

In addition to battling cancer, Jann Melnick of Lisbon said she has dealt with a contractor who did shoddy work on her home, forcing her to hire others to fix problems he left.

"I have mortgaged myself to the hilt so my sons would have that decent roof over their heads," she said, adding that her building costs have reached "astronomical amounts because of my contractor's defaults and substandard work."

Sharon Deppe of Allentown, Pa., who's building a home on Dyer Road in Lewiston, said that after her contractor poured the foundation, the cement was uneven, the walls wavy and too high. A building inspector told her it was one of the worst foundations he has seen.

"We are just like many others who wanted to build a house, and got taken and abused by a contractor," Deppe said in written testimony.

Linda Desrosier of Litchfield said faulty work by her contractor meant she spent thousands more for a two-story garage. Her contractor left the project with door openings that sagged, windows incorrectly cut and framed, and parts of the building improperly supported, she said. Now, Desrosier said, her family's money is gone and its is left with an unfinished building.

There's little recourse for homeowners "who have been taken," Rotundo said. Licensing contractors would change that, because a contractor could lose his license for unprofessional behavior, she said. The Attorney General's Office agreed, and testified for the bill.

But others disagreed.

Christine Bruenn of the Department of Professional and Financial Regulation said her department is opposed, warning that any attempt to regulate building contractors must be preceded by adoption of a mandatory statewide building code.

The benefit of having licensed home contractors does not justify the burden, Bruenn said, adding that regulating home contractors would end up increasing all consumer costs.

Jeff Ohler of Auburn, president of H.E. Callahan Construction and speaking for the Associated Constructors of Maine, said he was also opposed, agreeing the problem does not warrant licensing contractors.

Ohler cited a study by the Attorney General's Office that found that from 2000 through 2002, 300 complaints about home contractors were received. With 80,000 projects undertaken in those three years, the rate of complaints was a less than 1 percent, Ohler said.

"Consumers' best chance of not falling prey to unscrupulous contractors lies with their own due diligence" and observing existing laws, he said. For instance, current law prevents any home contractor from taking more than a 33 percent down payment on any home project over $3,000, and requires a written contract, Ohler said.

Regulating home contractors would not only cost more for licensing, it would decrease the number of available contractors, which would further escalate costs, Ohler said.

A work session on the bill by the Businesses, Research and Economic Development Committee is scheduled for April 14.


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[theshabbyattic]

Hi Rosie,

We had a contractor friend build our house. From start to finish it took about a year. The move in date kept getting pushed back month after month. He told us from the beginning it would only take 4 months. What a bunch of crap! (and this was a friend) There were delays because of the weather ( we live in PA like you) If I had to do it over again (and maybe its not too late for you) I would put in writing a cut off date and if it goes beyond that date then there would be liquidated damages to the builder for each day it goes past the deadline- That would light a fire under his butt! (PS we are in the construction business and I should have known better- we are often asked to sign contracts with a liquidated damage date and let me tell you we ALWAYS meet that deadline!) I hope it works out for you- Keep us posted and keep your chin up and stay focused on how beautiful your new house will be!

[zuzus_garden]

Hi Rosie,

Is it possible that he can schedule the remaining work in a way that you can move in on time?

Here is a web site that helps in solving consumer problems
troubleshooter.com (http://www.troubleshooter.com/data/about_us.html)

Zuzu

[Lynzee]

I'm so sorry to hear this, Rosie. I don't have any answers for you, but I am keeping my fingers crossed that things work out for you soon.

Take care,
Lynzee

[Lady of the Lake]

I really appreciate your kind words and suggestions. I took a lot of them to heart.

We are looking into a few things legally but are hoping this experience is drawing to a close. One thing for sure, I would never sign another contract with a builder without my attorney adding some very specific ramifications if the builder was this tardy.

I did inform the builder that there was no way I would be moving into an uncompleted home....and, that I would not move my family into another temporary housing situation just to accomadate him. All he did was assure me the house would be ready in 2 weeks......this week should tell alot.

Keep those fingers crossed!

[greenoak]

good luck rosie.... building is stressful in the best situations..
we have been thru this twice with the same good guy....

end advice...be careful making the final payment.... make sure its all good.... thats when you sure dont want to pay ahead, especially to a procrastinator....


ann

[Lady of the Lake]

Thanks Ann....you are sooo right! Two days before we found out about the rush to the finish line, he had the XXXXX to send us an invoice for a partial advance on the last payment. There is no way he is getting that!!

My soap opera continues......wonder how many subs will be at the house today......will they be there to work or just to relax on the wrap-a-around porch........stay tuned......

[Kathy Ann]

When we first moved got our house 5 years ago a guy came knocking on the door and wanted to fix our chimney. We have a flat roof and you can't see our chimney, but it was on the home inspector's list from when we had the appraisal, so I let him do it. I felt sorry for him because I recognized his name from the arrest records. He had been picked up several times for drunk driving, but this has nothing to do with a man's honesty, right? When he climbed down to be paid, he asked me to write two separate checks because he didn't want his "hired man" to know how much he really makes for a job. I was really nervous, but I did it just to get rid of him. He came back a week later and wanted to know if he could waterproof it for another $80.00 and I told him we were having it done later as part of another project. (A lie, but I didn't like him after the 2-check thing) Later on we saw his name in the court news in the local paper, being indicted for home repair fraud. He came back a few more times over the next couple of years until finally Steve, who's the shyest person in the world, told him to stop coming over. Last Saturday he was in the paper again, for taking money in advance and not showing up to do work, while on probation for the earlier charge. Now we have to pay someone to go up on the roof and see if our chimney was repaired 5 years ago. I'm hopeful because he spent time up there before getting paid, but at the same time I'm afraid he may just have sat up there drinking beer or something.

[theshabbyattic]

...........

[Kathy Ann]

I Googled him just to see what else there is - he also has an arrest for stealing sandwiches from the local corner store and then not appearing in court for it. Just a sad, scary person. I would have no trouble now if he came by, just saying "Sorry Harold, we can't help you".

[Lady of the Lake]

After pushing back the moving date 2 more times, it looks like everything will be ready for the big move next week! Finally we are at the light at the end of the tunnel.

I'll be offline for a little while we switch servers.......won't have time to read my forums anyway :(

Enjoy May......Rosie