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Old 02-24-2011, 12:56 PM   #16
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um, my guess is there's more to this than we're seeing...nobody awards a 90k contract on these general twelve provisions...furthermore, I can't see a bank financing this project based on what I've seen here.

Also, you should have an architect for this job being it's a commercial project....I'd try to consult with them to get the contractor in gear. If you don't have one, that could very well be the reason there's no permits in place. As part of your contract with the architect, you should have a clearly detailed "CA" or construction administration phase of the project that ensures that the architect monitors the contractor.

Short of legal action, I'd also suggest getting an additional contractor involved to "oversee" the first contractor. They'll usually do this for a nominal fee being that they're not paying out to anyone but themselves and they're only offering advice.

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Old 02-24-2011, 04:01 PM   #17
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um, my guess is there's more to this than we're seeing...nobody awards a 90k contract on these general twelve provisions...furthermore, I can't see a bank financing this project based on what I've seen here.
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Old 02-24-2011, 04:48 PM   #18
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do you have an architect? has the township seen drawings? I"m guessing they have being that you knew about the grease interceptor...who drew your plans? not asking for names, but an architect? builder? cad guy?
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Old 02-24-2011, 05:13 PM   #19
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do you have an architect? has the township seen drawings? I"m guessing they have being that you knew about the grease interceptor...who drew your plans? not asking for names, but an architect? builder? cad guy?
I have drawing done by architects. Contractor did not apply for permit. I gave him drawing and everything. The problem is he is not applying for permit as there is no timeline bound to it. But contract mention he will start work within 7-10 days when permit approved.

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Old 02-24-2011, 05:30 PM   #20
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90 grand to build a restaurant? any chance this restaurant has wheels and sells Hot Dogs?

This must be a remodel of an existing restaurant.


As mentioned above, there is a lot more to this "Story" that is being told.

But now that all the sea lawyers have stated your case you need to retain either a very experienced contractor, project manager, or attorney for their advise.
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Old 02-24-2011, 05:36 PM   #21
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90 grand to build a restaurant? any chance this restaurant has wheels and sells Hot Dogs?

This must be a remodel of an existing restaurant.

As mentioned above, there is a lot more to this "Story" that is being told.

But now that all the sea lawyers have stated your case you need to retain either a very experienced contractor, project manager, or attorney for their advise.
It"s famous franchisee restauran Equipment is separate cost.
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Old 02-24-2011, 05:42 PM   #22
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Madoff,

In all seriousness you need to settle your concerns with a professional schooled in this type of situation.

As I mentioned, an experienced contractor who specializes in commercial work as this will be able to give you the best advice. But for you to have a bad feeling right out of the gate is a bad sign.

Spend a few bucks to consult with a pro and get some sleep.
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Old 02-24-2011, 05:54 PM   #23
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It"s famous franchisee restauran Equipment is separate cost.
Is it a remodel of an existing building though? You aren't going to get a new building for $90k (even without equipment costs) unless it is, as another poster suggested, something along the lines of a hot dog stand.

You really need to see an attorney that deals in contract and construction related law if you are considering trying to dump this contractor. Only after a full review of all the pertinent facts can anybody give you proper advice on the situation.

As it is a "famous franchisee restaurant" I am quite surprised that they didn't have to have final approval of the plan, which is obviously missing some critical elements.
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Old 02-24-2011, 06:27 PM   #24
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Is it a remodel of an existing building though? You aren't going to get a new building for $90k (even without equipment costs) unless it is, as another poster suggested, something along the lines of a hot dog stand.

You really need to see an attorney that deals in contract and construction related law if you are considering trying to dump this contractor. Only after a full review of all the pertinent facts can anybody give you proper advice on the situation.

As it is a "famous franchisee restaurant" I am quite surprised that they didn't have to have final approval of the plan, which is obviously missing some critical elements.
Guys,

Everything at properr place. Problem is with contractor . He lies all time and not supportive. Everytime I asked anything he says extra cost. I don't have any faith in him. I am hiring another contractor who is more supportive. Infect new contractor is ready with permit application and waiting for contract to be finalized . He explain each and every small thing to my understanding. I am ready to let go my money because I need peace not want to listen new story everyday. He is harrasement.
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Old 02-24-2011, 06:34 PM   #25
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Old 02-24-2011, 06:53 PM   #26
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Guys,

Everything at properr place. Problem is with contractor . He lies all time and not supportive. Everytime I asked anything he says extra cost. I don't have any faith in him. I am hiring another contractor who is more supportive. Infect new contractor is ready with permit application and waiting for contract to be finalized . He explain each and every small thing to my understanding. I am ready to let go my money because I need peace not want to listen new story everyday. He is harrasement.
best of luck with you then. A contractor has no reason to be supportive. He is there to do a job that you hired him for, not to hold your hand.

Everything is extra cost. I think you need to rephrase that with Everything not included in the contract is extra cost, which is the way it should be. Your new contractor will be the same way.

You really need to speak with an attorney before you sign this other contract. You might have a bit of a problem when they both show up on the job to build the building. Then, when the first one gets an injunction to stop the work while this gets argued out in court, you grand opening will be delayed.

It's not that I am suggesting sticking with the first contractor; it;s that if you don't do this right, it could get real expensive for you.
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Old 02-24-2011, 07:33 PM   #27
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best of luck with you then. A contractor has no reason to be supportive. He is there to do a job that you hired him for, not to hold your hand.

Everything is extra cost. I think you need to rephrase that with Everything not included in the contract is extra cost, which is the way it should be. Your new contractor will be the same way.

You really need to speak with an attorney before you sign this other contract. You might have a bit of a problem when they both show up on the job to build the building. Then, when the first one gets an injunction to stop the work while this gets argued out in court, you grand opening will be delayed.

It's not that I am suggesting sticking with the first contractor; it;s that if you don't do this right, it could get real expensive for you.
I understand your comments. I spoke to harassing contractor he seems happy because he didn't do anything and got his profit.

Anyway I am doing my all next steps by hiring lawyer. He will send him termination notice.

Btw everything means within architects drawing and specs. I am not asking him to put leather couch in the restaurant
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Old 02-24-2011, 07:51 PM   #28
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whoa, whoa, whoa...you've already signed with the first contractor...so, let's work with what you have. In my honest opinion, I sincerely think there's a communication gap here. This isn't a case of getting ripped off, I believe this is a case of miscommunication between client and contractor....which, I'm not a contractor, and I have nothing to gain by speaking on their behalf.

I think you need some help, you're not being taken advantage of.

First, your contract is very incomplete. There should be a detailed list of EVERYTHING that is to be installed and by who.

Second, without having seen the building, this could be presumptious...but 90k for a renovation is most likely way too low....even without equipment. This can only be the building shell and a few walls being added...and some simple electric and plumbing.

Third, I'd suggest getting the architect that drew the plans involved...my guess is that you have not researched this thoroughly. If you're going to open a franchise restaurant, you'll most likely need the franchise authority to go ahead. Also, you need someone to ensure that the project guidelines and codes are adhered to. You just need help, I'm not sure you have the knowledge necessary to manage the contractor on this project. Please forgive me for being straight.

I'd suggest calling your architect as soon as possible and ask them to help you with construction administration....and also, pay for a full set of plans. The contractor will most likely be more than happy to hold off on construction and wait for better management in the hopes of avoiding court. You may pay a little more, but it's worth it...and if you're willing to throw away 14k, I'm guessing the extra money for the architect won't matter much for the peace of mind

Paying your architect for the construction administration phase will be well worth it for you....they'll make sure the contractor does what he says, and possibly rewrite
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Old 02-24-2011, 08:14 PM   #29
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whoa, whoa, whoa...you've already signed with the first contractor...so, let's work with what you have. In my honest opinion, I sincerely think there's a communication gap here. This isn't a case of getting ripped off, I believe this is a case of miscommunication between client and contractor....which, I'm not a contractor, and I have nothing to gain by speaking on their behalf.

I think you need some help, you're not being taken advantage of.

First, your contract is very incomplete. There should be a detailed list of EVERYTHING that is to be installed and by who.

Second, without having seen the building, this could be presumptious...but 90k for a renovation is most likely way too low....even without equipment. This can only be the building shell and a few walls being added...and some simple electric and plumbing.

Third, I'd suggest getting the architect that drew the plans involved...my guess is that you have not researched this thoroughly. If you're going to open a franchise restaurant, you'll most likely need the franchise authority to go ahead. Also, you need someone to ensure that the project guidelines and codes are adhered to. You just need help, I'm not sure you have the knowledge necessary to manage the contractor on this project. Please forgive me for being straight.

I'd suggest calling your architect as soon as possible and ask them to help you with construction administration....and also, pay for a full set of plans. The contractor will most likely be more than happy to hold off on construction and wait for better management in the hopes of avoiding court. You may pay a little more, but it's worth it...and if you're willing to throw away 14k, I'm guessing the extra money for the architect won't matter much for the peace of mind

Paying your architect for the construction administration phase will be well worth it for you....they'll make sure the contractor does what he says, and possibly rewrite
Yes you are right. It's not a big job. Most of work is done by landlord. He just has to fit fixture which is provided by us such as

Oven
Chairs tables
Wall paper
Paint
Few electric point
Plumbing for mop sink, 3 c sink, wash dink
Install cooler and refrigerator soda machine etc
Tile Flooring
Bathroom by landlord
Couch
Frp install
Front counter

Same contractor build same restaurant in past. He does same with other people. He always ends up with 10% additional cost.
There is no magic in build up he had to follow architects plan.
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Old 02-25-2011, 09:29 AM   #30
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cost plus ten percent is common in the northeastern US, that's not my concern.

Perhaps I'm wrong, but I believe this is what happened. Please correct me if I'm wrong. You paid an architect to create some drawings for you, but you declined the entire services the architect offered. I'm sure they asked if you wanted them handle construction administration phase of the project. My guess is you declined that service being that it was probably almost as much as the architect doing the drawings thmselves and you felt that the general contractor would be overseeing the project.

If you have the architect manage your construction administration for you, you won't be ripped off and you'll most likely receive a well detailed proposal or scope of work.


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