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mccgt63 03-13-2011 12:59 AM

Brand new home and major paint and sheetrock issues.

I purchased a highend and supposed quality modular home. 3400 sq ft, placed on stick built basement. Hired a GC to oversee construction. Most things aree good however, the interior sheetrock and painting is terrible. When home arrived from the factory the rock was already supposed to be finished and primed for a custom paint job I contracted as part of the deal. Painter hired by contractor painted using an eggshell paint. He and his crew must have been blind! Now that the lights are on in house it shows major flaws. I pointed out to them early on and they attempted to repair all areas. It still looks like "fido's rear end"! I am holding final check over $30K until I am happy however, I do not belive they can fix it without removing and replacing all rock and starting over from scratch. I am in a time crunch and need to move into my house. I have been renting and promised landlord I would be out already. The GC says I cannot move in until I give final check.

What do or can I do??

jsheridan 03-13-2011 06:45 AM

Not sure what specifically you're dealing with as far as sheetrock issues. A brand new home shouldn't have major nail pop or stress crack issues immediately, but it could have issues from where the drywallers seamed all the new components together. And, in a modular, nails may pop from all the stresses involved in putting the components together. However, I can tell you that whatever you're experiencing, the eggshell will make it worse. If you don't need it to protect against P & J stains, use a flat, which will hide defects better. Also, eggshell can be a tempermental finish to apply, and the chances that your GC has hired a custom paint crew to do a custom finish is low. There is a difference between crews that do new construction and crews that do custom interior work. In most all new construction, the paint budget is the whipping boy of the trades. I would get him to repair the drywall defects, see if he'll repaint the worst, and most used areas, with flat, move in and deal with the remainder over time, either through him or on your own. You, unfortunately my friend, have a lot of company.

spraygunn 03-13-2011 07:42 AM

Hey mccgt63,
If you think the GC is definitely wrong then go to your state's licensing department and file a claim. In Michigan, if he's not licensed he can only sue for $600. If he IS licensed the state will immediately get involved usually by sending out the local building inspector to view the problem. Again, here in Michigan we have a workmanship clause in the code. If it is shoddy workmanship he then reports back to the state and they make their determination of the coarse of action. I'm not an attorney, but I would contact the state just the same and see what they suggest.

jsheridan 03-13-2011 08:00 AM

That's a good point Steve. It has its drawbacks though, considering the predicament OP is in. The GC may decide to dig his heels in, especially if he thinks he can prevail, or simply out of pride. Or, the threat of it may scare him into OP favorable action. If he does resist, it could start a whole chain of time setbacks which OP can't afford in his current situation. Meanwhile, nothing's getting done as they wait. It's a real dilemna. The question is, Does the GC need the 30g's more than the OP needs his new digs? Whose bluff will be called? Once you throw the card, you have to play it.

mccgt63 03-13-2011 08:21 AM

Brand new home and major paint and sheetrock issues.
Thanks so much for the reply. I forgot to mention in my original post that the painter is blaming it on the factory. My response to him was why did they paint over problem areas without notifying GC or factory. Now that it is painted it makes it ten times harder to rectify. The GC does have the factory rep showing tomorrow to look over.

Also, this is in NC. I have paid them 95% of money thus far. I plan on checking into my rights as far as moving into house before I give them final payment. The GC has keys to house and states that I cannot move in until final check is issued, the house is on my land, the final inspections have been done as far as I know. I have not seen any documentation or CO yet. I financed home through my state's employee credit union as well. Anyone have any opinions on my legal rights in relation to being able to move in house?

jsheridan 03-13-2011 09:03 AM

That's a good, but sticky, question. Short of hearing what the factory rep has to say, it sounds like everyone is blaming each other and running for cover, typical. I don't know what the laws of your state are or whether they favor the contractor or homeowner. But I do know that, as I said, if you throw the legal threat card, you'll have to play it. Once you do, it could escalate into a protracted battle, which may find you stuck in your apartment longer than you expected. Waiting on a bureaucracy or judge to tell everyone how to settle could be a long wait, if your situation is not cut and dry. Maybe after hearing the factory rep, you may want to talk to a lawyer on the side. A lawyer who specializes in construction/real estate matters, not your cousin who's a trial lawyer--important. You don't go to a podiatrist for kidney problems. The fastest way into your house, if the issue is not cut and dry, would be to come to an acceptable compromise among all parties, which may mean you have to settle for a bit less than you feel you want or deserve. I'm not a lawyer and this is not a legal opinion, but I have learned the fastest way to freeze any action or cooperation is to threaten someone with legal action. Oh yeah. You asked for opinions and that's mine, and I'm pretty militant about what I feel I deserve.
Sometimes your "rights" have to take a back seat to your needs.

Matthewt1970 03-13-2011 09:06 AM

What type of flaws are we talking about?

Gymschu 03-13-2011 01:05 PM

Pretty hard for us painters on here to address legal issues. Each state is different, each situation is different. In my opinion, the fault lies with the GC. He was hired to oversee this job & he sure didn't do his job. As for the drywall issue, I have never seen problems with drywall coming out of the factory. Not saying it doesn't happen, but it's very rare. Seems like you got a poor drywall finish job. Solution to me would be to have GC bring in a PROFESSIONAL drywall finisher who could repair all problem areas. Then hire a PROFESSIONAL painting crew that can come in a do a PROFESSIONAL job. All of these costs should come out of the GC's pocket. Problem solved.

Windows 03-13-2011 04:03 PM


Originally Posted by jsheridan (Post 608214)
In most all new construction, the paint budget is the whipping boy of the trades.

That might be true for interior work, but I have often been surprised at how well exterior new construction paint pays.

housepaintingny 03-13-2011 04:31 PM

This is a touchy question the op is asking. We don't know the exact nature of flaws or what any contracts state. Honestly I've seen both sides. I've seen where a company will due a perfect job and yet a homeowner will still refuse to pay them a percentage of there money which is due to them and then on the other hand you have company's that do not do quality work. Almost always modular s come to the site primed and with an off white on the walls, ready to paint in your choice of color. I think that only the homeowner and GC really know who's right and who's wrong here. Without a CO you can not move into a home. If your talking minor imperfections there is no need to remove any drywall.

Gymschu 03-13-2011 04:40 PM

........."placed on stick built basement." Not quite sure what that means, but most modulars in my area are placed on concrete block foundations.

mccgt63 03-13-2011 09:03 PM

When I say "stick built" basement I mean the basement was built onsite. It is 10ft block and concrete. It has a 3 car garage fireproofed with sheetrock and finished painted. The crazy part is the sub that built my basement also finished and painted the sheetrock in it and it looks awesome.

As far as the extent of issue in my main living area there is a wall in my dining room that is not straight. The hardwood contractor pointed it out early on because he could not get the hardwood finished properly. The oak quater round looks like a crooked road.

I have trey ceilings with soffits throughout and they show many imperfections. When the lights are on and shine against the wall. I have spent almost $300K and I donot want to walk into my home seeing mis matched paint, nail holes and crooked walls.

mccgt63 03-13-2011 09:07 PM

I just sent my GC an email detailing what needs to be fixed to satisfy me. I was very professional and have not played the legal card yet. I plan on being at site first in the am to make sure workers are there and inspect. I asked my GC to be there with me.

All of your comments have helped me greatly so keep them coming.

Gymschu 03-13-2011 09:10 PM

Best of luck Mc........didn't mean anything about the stick built part.......just didn't sound quite right and with all the problems you are having, I thought that might be an area that could be the cause of all your other problems.

mccgt63 03-13-2011 10:00 PM

No worries GymSchu. Thanks for the help.

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