Change order not signed

[gigigo]

What is the name of your state (only U.S. law)? Georgia
Purchasing a new home in Georgia. Contractor is giving me a bill for overage charges on allowances after the items were installed. When items were picked out at there supplies, I asked the prices but they would not tell me and I was not informed of the fact that there was an overage of my allowances until they installed the granite, lighting, etc. What recourses do I have. No change order was done for any of the work and they want over $20,000 in overages which I was never informed of, help !! House is finished and we are ready to close, but who is responsible for these charges, are they not responsible to tell me if I am going over? How would I know if I was never told until after the fact?

[HomeGuru]

Originally Posted by gigigo

What is the name of your state (only U.S. law)? Georgia
Purchasing a new home in Georgia. Contractor is giving me a bill for overage charges on allowances after the items were installed. When items were picked out at there supplies, I asked the prices but they would not tell me and I was not informed of the fact that there was an overage of my allowances until they installed the granite, lighting, etc. What recourses do I have. No change order was done for any of the work and they want over $20,000 in overages which I was never informed of, help !! House is finished and we are ready to close, but who is responsible for these charges, are they not responsible to tell me if I am going over? How would I know if I was never told until after the fact?

**A: what exactly does your contract state with respect to allowances and change orders?

[gigigo]

That change orders must be in writing, but it contradicts. It states that seller shall be entitled to payment by closing even if the buyer and seller do not agree upon and sign a change order. The problem is, I was never informed that I was going over the allowance until after the items were installed and they wanted payment, how fair is that? If you go to a supplier and they will not tell you the price, yet the contractor installs the material without telling you how much it was, who is liable?

[HomeGuru]

Originally Posted by gigigo

That change orders must be in writing, but it contradicts. It states that seller shall be entitled to payment by closing even if the buyer and seller do not agree upon and sign a change order. The problem is, I was never informed that I was going over the allowance until after the items were installed and they wanted payment, how fair is that? If you go to a supplier and they will not tell you the price, yet the contractor installs the material without telling you how much it was, who is liable?

**A: this is a subject for negotiation and mediation.

[gigigo]

They do not want to negotiate, they want me to pay and that is all. We have not closed and I don't know what my options are. Can I close and leave the amount in question for mediation?

[HomeGuru]

Originally Posted by gigigo

They do not want to negotiate, they want me to pay and that is all. We have not closed and I don't know what my options are. Can I close and leave the amount in question for mediation?

**A: listen, read your contract. There should be a mediation/arbitration clause. If not, hire an attorney.

[gigigo]

Thanks, I have. I thought this was free advice, I did not ask you to respond, you chose to respond, no need to get testy. Thanks, anyway, that much I knew.

[VinnieL]

don't be scared if builder or the supplier acts like Mafia that's in their blood. but hate to say court may held you responsible for not forcing them to get you the quote. file comllain with BBB and consult an attorney, businesses like this knows how to get away with murder but if they have repeteadly refused to give you estimate he may be prosecuted for fraud. it all depends on your local or states laws.