Can anyone give me some advice on my construction dilemma... Building a home in Florida contracts were signed in December 2004 I went down in Jan. 05 to do my color selection and do some upgrades, At the time the "designer had no samples of the kitchen cabinets so I had to go the the manufacturer to do my selection. During these past 7 months I have made some changes which I knew would cost me $350.00 per change. My problem is now I'm being told that I have to give additional monies for these upgrades. The contract discusses the $350.00 change order fee but there is no mention of any percentage required on upgrades nor was I told of this at any time. Is this LEGAL.....

Sadly, yes it's legal. I'm sure a lawyer could examine the commas and wherefors, but this is usually a flat paperwork fee. The costs of materials and labor for the changes are yours.
Negotiation is the best solution, now. See if you can combine some changes into one request. Ask for the cost breakdown of the original materials and labor, etc. and subtract them from the new costs and present a workable alternative. Extensive planning for a 'no change' build is always the best way to go.

quote:

Originally posted by R. Wolf:
Sadly, yes it's legal. I'm sure a lawyer could examine the commas and wherefors, but this is usually a flat paperwork fee. The costs of materials and labor for the changes are yours.
Negotiation is the best solution, now. See if you can combine some changes into one request. Ask for the cost breakdown of the original materials and labor, etc. and subtract them from the new costs and present a workable alternative. Extensive planning for a 'no change' build is always the best way to go.

I know that I have to pay for the upgrades. What they are sayibg us that I have to send additional money. My attorney saud that they can not ammend a signed contract.

But you are intiating a request for an amendment to a signed contract by asking for changes to construction details in that signed contract.

This gives the builder every right to ask you for more money.

My understanding is contractors typically work with a percentage of the total cost. Some will work for a flat fee, others by the hour. If your changes amounted to say, $20,000 and their fee is 5%, you effectively owe them another $1000 for the contracting that they are doing. While some contractors pick up a hammer and put some sweat equity into the projects they manage, others make all their income by being effective managers of the project. And that's what we pay them to do. Get the bids, pick the best subs, and ensure the project gets done on time and within budget.

While building our last home, we felt our contractor was a little sneaky. After completion and final cost, we are very satisfied. Other builders have commented on the quality of our home. That's what we paid him for.