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Old 04-12-2012, 02:47 PM   #1
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New House Construction Gone Bad


I just recently bought a house base on the Primrose Model house that I saw. Before the construction began, asked and told them that I want the same open concept on the main floor (did some upgrades to achieve the Primrose model house), even it's a different model house that I purchased but it is the same size and layout on main floor. To cut the story short, I end up having a horizontal big support beam between dining and kitchen thru the kitchen and the builder can not correct and it's 6.5ft from the floor. The closing date is on June 2012 and I'm trying to do my best to let them know how exactly it should look like before they put dry walls but they keep on framing or attaching things to the support or load beam (pipes, electrical etc.) that is become too fat and low. My original ceiling that I expected is 8ft. thru out. Can I sue the builder for misleading me? What support documents I need? I have everything on emails when I asked what I want. What can I do so the builder will correct it?

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Old 04-12-2012, 04:06 PM   #2
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New House Construction Gone Bad


You are looking for legal advice. That should be from a qualified legal expert, like a Lawyer (who is presented with all the documents, details, access to the property, and knowledge of your state laws).

IMHO: That would be a good start.

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Old 04-12-2012, 04:27 PM   #3
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What was shown on the Sealed Structural Plans.

You did review the plans right?
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Old 04-12-2012, 05:22 PM   #4
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I am not sicking for legal advice, i just want to ask what documents should i prepare or to bring to my lawyer. So that i am ready and waste no time.
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Old 04-12-2012, 05:28 PM   #5
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Hi ttech, i have the floor plan of my house and the model house that i want. You know when you buy brand new house and they have the floor plan that you can get. Is there a sealed floor plan that i should be getting from the builder.
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Old 04-12-2012, 05:59 PM   #6
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Your lawyer is going to want to see the contract you signed with the builder. They are going to want to see the plans and specifications that you and the builder agreed to. They are going to want to see any building permits you filed for and obtained. They are going to want to see any inspection certificates. They are going to want to see photographs of the project. They are going to want to see money, perhaps lots of it.
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Old 04-12-2012, 06:51 PM   #7
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you need documentation of the change order to the framing, showing both parties signature that this will be done.. other wise this is just another spec home that the builder puts up that the same framing crew bangs out 15 of them every 4 months. not a custom house
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Old 04-12-2012, 11:05 PM   #8
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Is a beam that is 77" from the floor even legal? I thought something like 80" to 86" was minimum code.
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Old 04-13-2012, 07:46 AM   #9
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To answer your question of "can I sue?" - this is the United States of America - you can sue ANYONE for ANYTHING - so the answer is "yes".

As far as all the other stuff: The only thing we can tell you for sure ...... is that we can't tell you for sure! You should ask an attorney what they want you to bring.
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Old 04-13-2012, 02:32 PM   #10
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Quote:
Originally Posted by jklingel View Post
Is a beam that is 77" from the floor even legal? I thought something like 80" to 86" was minimum code.
No Idea... I am in Canada so I don't know. Does anybody know?
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Old 04-13-2012, 02:34 PM   #11
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Quote:
Originally Posted by CoconutPete View Post
To answer your question of "can I sue?" - this is the United States of America - you can sue ANYONE for ANYTHING - so the answer is "yes".

As far as all the other stuff: The only thing we can tell you for sure ...... is that we can't tell you for sure! You should ask an attorney what they want you to bring.
Thanks...
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Old 04-13-2012, 02:36 PM   #12
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Quote:
Originally Posted by Daniel Holzman View Post
Your lawyer is going to want to see the contract you signed with the builder. They are going to want to see the plans and specifications that you and the builder agreed to. They are going to want to see any building permits you filed for and obtained. They are going to want to see any inspection certificates. They are going to want to see photographs of the project. They are going to want to see money, perhaps lots of it.
What a headache!!!
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Old 04-14-2012, 02:55 PM   #13
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New House Construction Gone Bad


Maica,
can you post some pics of your problem area? I would like to see what you are talking about.
Mike Hawkins
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Old 04-14-2012, 03:31 PM   #14
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This thread is making me nervous. There is nothing more we can do to help this person but suggest a path to an attorney that will tell her/him what is needed. I have to ask how all of this got so far a long with obvious problems that a closing date is set? Anybody else feel like we are not getting the whole story here? I don't mean to bash the OP but this is clearly not a DIY forum issue. I don't see that further comment helps anybody.
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Old 04-15-2012, 09:17 PM   #15
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I just want to see what it looks like.
Mike Hawkins

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