I’ve been working on a kit house project part time for a little over a year now. My client purchased the kit, and hired me to build it. It’s a project that he wanted to take 27 months to build so that the completion would coinside with his retirement and subsequent move.
There were many problems with the kit house as there often are. Some were that there was no code compliant window in the master bedroom. Some of the siding had to be removed from wall panels and recut so adjacent panels would fit. The walls are 7 1/8″ wide with no drywall. All of the Andersen windows were ordered with 4 9/16″ jamb extensions. Same with a $3000.00 door with a maple jamb. I could go on and on.
We are now 16 months into the project and finished with all of the kit which consists of floor trusses and sheathing, exterior wall panels complete with siding and windows installed, roof trusses and sheathing. The roof shingles are on and all of the outside is sided and trimmed out. I am now confident that I can settle up for the extra work without running in to more problems thus needing to backcharge a second time.
My question is, Who should I bill? Should I bill my client since he is who I have contracted with or the kit company? Or should I bill them both? I fully expect the kit company to protest some of the charges. My client has paid for all other cost overruns thus far relating to delivery, foundation, and overages on his allowances.
k
Replies
You cannot bill somebody that you do not have a contractual obligation with.
If you did not buy the kit, or were not hired by the kit company, you cannot bill them. You can only bill your client.
Your client. He can fight the kit company, not your problem.
Holy bad businessman, Batman!
There is nothing in the world more that gives a client a crappy feeling about his contractor than when the contractor comes at him with a whole laundry list of extra work claims, and the claims come well after the work is complete.
You are sixteen months into it and NOW want to approach someone with the bill for extra work?
Glad someone put it out there. I was going to but...................I've been told; "Please don't state the obvious."[email protected]
>>You are sixteen months into it and NOW want to approach someone with the bill for extra work?
No that's not exactly correct! The client is well aware of the charges and has been all along. I did not want to bill the kit company untill all of the work was completed on the kit and there was no chance of having anything else come up. I feel like it's a one shot deal. I feel they will pay for the some of the items probably about 1/2 of them and dispute the rest.
Best example of them disputing an item will probably be the extension jambs for Andersen Windows. They will contend that that's the way they come. Most of us know better. If none are specified, they don't send them. It's a case of them wanting to sell the client as much as they possibly can so they can mark up as much as they can. Can you imagine having a $3000.00 door delivered to the site with the rest of the kit? We did the best we could keeping it out of harms way and keeping it dry but it does have a little bit of mold on it. It's insane!
k
Something like mold on the door -
Once they deliver it in good shape, it is the res[ponsinbility of the owner ( and his agent - you) to take good care of it. I was a bit amazed at this taking 16 months to get this far. A kit as you desribe wih all the walls already built should have been built in a week or so,sans roof shingled and trimed, but definnitely dried in in two weeks tops, so why the delay and why the door moldy?
as for extension jambs - the owen r can read his sales contract to see it included all the interior trim or not.
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Pif,
As I outlined in my original post, the owner wants this project to take 27 months. It's 120 miles away from my home. This kit is about 4300 sq.ft on 2 floors. I've put smaller ones under roof in a couple of weeks for 2 levels and less than 1 week for single level. Without disclosing a name, the main part has 17 sides which form a circle of sorts, on each of 2 floors. There is another part that has 12 sides then a connector between them. This is the 5th one I've put up, and by far the worst in terms of problems. It's a wooden fortress though.
All of the floor sheathing was cut wrong. This was the first of many problems. We had the house under temp. roof in about 4 weeks. This about how long the door set outside. We left it wrapped up untill a few months ago which was my mistake. It's a little thing with the mold, but the point is that an expensive door has no place on a construction site untill it is ready to be put in. There are simply too many things that can happen to it during construction.
We have framed all interior partitions, installed radiant heat, HVAC duct, plumbing, a $65K septic system, well and currently roughing in electrical in those 16 months and working on it part time.
k
Edited 11/18/2007 9:31 pm ET by kcoyner
OK, a complicated job takes longer
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Whaddya think? One of these Deltec packages? The OP said it was multi-sided, so I though of Deltec's signature polygonal footprint.
Holy mother of God!
I think the oc spans are too wide 5/8" subfloors. Do you have a picture of the finished rough framed floor? FKA Blue (eyeddevil)
I don't remember 5/8" subfloor being mentioned. I always use 3/4"
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Ho far apart do you suppose the outboard ends of the trusses are? And look at the truss that's about 5 minutes after 12 ... looks like it has a kink."Put your creed in your deed." Emerson
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
Yeah, I saw that kink too. From my experience, that's not too rare though! Piffin....no one mentioned 5/8". That was my bad humor. I really wouldn't think someone would pay big bucks for that design and then choose the cheapest subfloor. If it was t & g 2x material, the trusses might be spanned right at their widest part. FKA Blue (eyeddevil)
The perspective in that photo is so skewed, I would hate to amke any assumptions like tht.What I am pondering, is that the piuctures I've sen of Detec's buildings is that they are surronded by a deck about 6' wide on the whole perimeter. Seeing that photos maakes me wonder how they do it. Possible that the trusses are covered with vycor, then decked with trex or something at the outer 6' of them? Who knows - just spoeculating here.
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I couldn't remember the name, but that is exactly the picture that popped into my head when he was desribing this. I couldn't figure out why any kit would have subflooring already cut right or wrong
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I think everyone else stated it, your client needs to take your bill and hash it out with the kit company; not your place as you weren't their customer, he was.Was your client dealing with the kit company as each problem that seems related to their work came up? Or will the kit company be hearing about these issues (such as floor sheathing) for the first time?Again, fact is, if the problems caused you extra time, bill the client, let him take those bills to the kit company. Just out of curiosity, did you issue a change order to your client each time you had to address a new problem? Has he/she paid you at all on any of these issues or is this something that you are just beginning to hash out with him/her?Frankly, if someone told me they wanted to <em>intentionally</em> drag the project out over a long period of time, I'd be skitchy about it, considering that nothing hurts a contract or a future liability/failure to pay case like time passed.
I did not want to bill the kit company untill all of the work was completed on the kit and there was no chance of having anything else come up.
Not an unreasonable position. Prepare a detailed change order seeking the extra $$ from your client, clearly describing the changes that were required by the problems with the kit. Submit it to the client for him to send to the kit company so he can get reimbursed by it. Don't be bashful about the amount. Put any other non-kit related changes in a different c/o.
There may be an issue with a warranty from the kit company. It is possible that it is limited to one year, or there may be a requirement that claims be submitted within a ceratin period after delivery of the kit. These are not your problems.
your relationship is with the owner. Bill him!
If he wants to go after the kit company tht is his business.
If you had sold him the kit after buying it from the comnpany, it would be on you, but it was HIS kit, so his PROBLEM
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Taunton University of Knowledge FHB Campus at Breaktime.
where ...
Excellence is its own reward!
Another member of the choir here; bill the client. If he asks for help convincing the kit company to reimburse him, do what you can to provide documentation and support but be clear with him that you're not doing so because you're willing to be paid based on the success of his negotiations with the kit company.
You bill the homeowner and god willing he's a reasonable man.
Have you told him that there would be extra charges or is this going to be a surprise to him?
How well written and detailed are your specifications/contract?
I hope this isn't going to be a surprise to him and you have kept him well up-to-date on the situation regarding the extras.
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