Need opinions on how to deal with home builder

[jkjsooner]

I'm having a house built. We love the house, lot, location, etc. The one concern we had is the closet space in the master bedroom. It is on 5'10" by 5'5". It's a walk-in closet but a small one at that - especially in today's standards. We chose a walk up attic (finishable) and the stairs to the attic is why the closet is smaller.

Last week we were looking over the house and the HVAC guy was there and he ran up to us asking about how he's goingn to get air to the bonus room above the garage. He said that the ducts are supposed to run behind a wall in the wet closet but they didn't leave space for it. We of course couldn't answer his question but informed the builder.

Anyway, we checked on the house yesterday and they had run ducts down each back corner of the master bedroom and framed around them. Each of the two will take up 18" by 14" from the corners. In addition, they ran the duct work in one of the spare room's walk-in closets as well. (The third room was always supposed to have duct work and it was there as well.)

Anyway, I informed the builder today that it is not acceptable for them to make our bedroom closets almost unusable. Their response wasn't satisfying - saying it's common to move ducts around and they'll review it on Monday.

I'm to the point that I will walk if they don't change it. They had a perfect place for the ducts (at least one of them) but they put the damn wall in the wrong place. The contract states that duct work can be moved around but it also states that the floor plan will be substantially like the one in the plan. (Hell, even the home with the exact same options we saw did not have this problem.)

I am going to walk if they are not willing to find another solution. The question is, do you think I can/will get my $10k deposit back? I think I have a strong argument that, due to limited closet space, adding three additional ducts in closets (not including the one in the closet that is supposed to be there) is a substantial change to the floorplan house and thus violates the terms of the contract.

Heck, if they wanted to run one down a corner of a spare bedroom (making it look like a house that had been retrofitted for central air) I could work with them but I can't work with them removing half of the bedroom closet space making it virtually impossible to sell the house in the future.

Whatcha think?

[MsProudSooner]

Where were the ducts in the model?

[Tulsa_Fireman]

Eff the builder.

You're building your dream home and he's cutting corners on fixing his or his contractor's mistake. Tell him make it right or you'll talk to my lawyer.

Then offer him buttsecks.

[Partial Qualifier]

3 words: Roundhouse flying elbow.

[87sooner]

construction people are notorious for trying to cover their mistakes rather than fix them....

ducts in the corners of rooms? no freakin way....

[dynersooner]

i think your decision to write that many words about an issue you feel that strongly about, and then decide to post those words on an internet message board, already speaks volumes about the types of decisions you make/ have made in your life.

ever live in Bartlesville, by chance?

[JohnnyMack]

Tell them to eat hot load. Then tell them to fix it.

[jkjsooner]

Where were the ducts in the model?

One is in the closet in the 3rd bedroom. That is also in our 3rd bedroom closet. Another is in the toilet room. If they would have built it right there would have been room there and possibly room for a couple of ducts. If there were more I'm not sure where they were. They're not on the plan.

[jkjsooner]

i think your decision to write that many words about an issue you feel that strongly about, and then decide to post those words on an internet message board, already speaks volumes about the types of decisions you make/ have made in your life.

ever live in Bartlesville, by chance?

Never been to Bertlesville. The fact that you would attack the character of someone who is seeking constructive opinions speaks volumes about how big of a dick you are.

To others, thanks for the opinions.

[tcrb]

I would suggest you discuss the issue with your attorney before you take the deal south. I do not believe that the placement of the ducts in the closets would be considered to be a substantial change in the floor plan. Since the closets are still in the same place and all the other walls are in the same place. The contractor will argue that the furring around the ductwork is just that...furring and not walsl, and hence not a change in the floor plan. He will try to make the case that the walls are still located as on the plans, all the rooms are still in the same locations, and that he is still adhering to the terms of the contract since he is allowed to move ductwork.

Not taking his side, just playing the devil's advocate.

I would try to convince him to move the bathroom wall you mentioned and re-route the ducts...even if I had to split the cost with him. Just my .02 cents. Good luck, whichever way you decide to go.

[GKeeper316]

its your money.

if the guy you're paying to do the job isn't doing the job to your satisafaction, fire him.

[yermom]

as he walks off with $10k in severance...

[TheHumanAlphabet]

Yeah, tough to get the 10K back if you break the contract. long lawsuit later, you may prevail, but I would bet not.

[OutlandTrophy]

you will have no problem getting your money back

[jk the sooner fan]

i'd walk- once you move in - its yours

if you have doubts - there's a reason

[Mongo]

go have sex with his wife. it will motivate him not to mess with you again

[jkjsooner]

tcrb, I understand what you're saying but I guess you would have to see it. They've essentially reduced our usable upstairs closet space by 30% or more. In the other walk-in closet (bedroom #2), they literally reduced the size of it by 50%.

Where is the line drawn? Can they fill every closet full of ducts so there is no closet space? I would think losing 30% of a limited resource would constite a substantial change.

I looked last night and there is something wrong with where the shaft that was supposed to hold the ducts. Not only is it not big enough but even if the size increased it wouldn't work. I'm going to have to go to a similar home and do some measurements because something (I'm not sure what) was placed slightly off which made it impossible to run the ducts where they were supposed to go.

I'm going to propose an easy resolution - build me another master closet for free. I know exactly where I would want it. It could be done w/o being too odd or intrusive...


One caveat to all of this, and maybe this is an issue, is that all houses in this community must be certified green. Also, this is the first time they've built this model in this development (which I think for various reasons is the root of our problem). It is possible that this requires larger than normal insulation around the ducts. If so, then I think I have less of an argument.

[Sooner_Tuf]

Like was posted earlier talk to your Attorney. Then you will know for sure what to expect.

It is not out of line to expect your closets to be functional. If you were shown one thing and are being given another then it should pretty much be a no brainer that you will prevail.

Let's say they decide to put a pole in the garage. They could argue they are making the house better. If you point out that a car will no longer fit in there you will win even though they didn't change the floorplan.

If it's a new development they won't want to go to court over something like this. I can tell you I wouldn't accept something that was not I wanted. If it can't be worked out face to face that is what courts are for.

Sounds to me you are within your rights but you need to have an Attorney look at any paperwork you have signed.

[Position Limit]

sounds like your problem is not with the builder but with some strange facination with closet space. go see a therapist.

[Sooner_Tuf]

sounds like your problem is not with the builder but with some strange facination with closet space. go see a therapist.

Don't be a hater. Someday you will own things and you will want to be able to put them away.

[Position Limit]

Don't be a hater. Someday you will own things and you will want to be able to put them away.

im trying real hard and cant wait till i own stuff

[Tulsa_Fireman]

Point being, while you may have a ductwork exemption in the contract, I'd bet the farm there's a square footage also listed in the contract. Installation of the duct chase cuts into your square footage, thereby putting both ends down the crapper.

Press him on it. Tell him it's unacceptable. Talk to a lawyer. Work with him on solutions as long as it's not the one mentioned. A duct reroute is one thing, scabbing in a half-*** solution is another.

[JohnnyMack]

Poop in his truck when he's not looking.

[Romulus]

are ducts poultry?

[BillyBall]

go have sex with his wife. it will motivate him not to mess with you again

Sound advice.

[jkjsooner]

sounds like your problem is not with the builder but with some strange facination with closet space. go see a therapist.

Personally, I don't really give a crap about where I put my stuff. I can put 90% of my clothes in a spare closet or our huge attic. It does matter to my wife. More importantly, it is very important to potential buyers and by extension very important to me.

While I plan on living in this house for a long time, most of us under 40 (which I can only say for a few more months) will not die in the house we currently live in. We will probably move several times before that point so resale ability must be factored in.