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billybob2

Junior Member
What is the name of your state?What is the name of your state? PA

I would like to know what I need to do? I am having a new home built. Signed contract with home builder. The excavation part was a separate contract with an excavator. We had an excavator with a set price and the specs he was to go by. Specs verbalized by the home builder that the excavator had to use. The home builder had a copy of the excavator's contract, but they did not give us a copy. A week before the excavator was going to start, the home builder called us and asked us to use their own excavation crew now! The home builder stated that they were having problems with the other excavator. We said as long as they would do the same work for the same price as the orginal excavator, plus we had to find out from our mortgage lender and our settlement attorney if this was legal. The home builder's excavation crew agreed to do it for the same price and the same work on the phone. We got a release form for the other excavator. The home builder called the mortgage lender to state that they would do the same work, as the other excavator, for the same price. This was all vebalized in person and by phone over 2 days. The home builder brought the new contract for the excavation to our house to sign. It was late and I didn't have a chance to sign it. It looked alright as I read it, it didn't state all the specs. in the contract, but I didn't think much of that. I left for work the next morning and forgot to sign the contract. My wife called me at work and said the contractor needed the contract to proceed to start the work. So my wife had to sign my name and her own. Now here's my problem. The excavator excavated, the foundation was poured, the excavator started to backfill on the outside of the foundation with dirt. I stopped him and told him the specs and contract we agreed to called for 2b stone to be placed around the outside of the foundation to 2' below finished grade. He called the original spokes person for the home builder to find out what was going on. Plus I called him! The home buiders spokesperson told us both that he was to use the 2b stone like I stated. In the meantime, another boss for the home builder came to the job site and said the contract we signed with them doesn't state about using 2b stone to backfill. I told him that is what was agreed to verbally and was the home builders own specs. They said, to bad, it isn't written in this new contract. They lied to us and our mortgage lender. They left 2 weeks ago and stated they won't come back until I let them do whatever they what, which is to use the dirt to backfill. Now I have been told, the original spokes person for the homebuilder has resigned. Probably because they used him to lie to us and they would have fired him if he didn't resign. What can we do now???? My wife went to their office to get a copy of their specs. and the original contract with the first excavator and they told her there wasn't any!! Is our contract with them binding , since I didn't actually sign it? But I don't want to get my wife in trouble either. Or was her signature enough to be binding? Was the verbal agreement using the 2b stone binding? Help Us !!! We have called the home builder, wrote letters. called our mortgage lender, our mortgage lender has called them, but thet have not responded to us or our mortgage lender. It's not like we haven't tried to work something out! We just want our house built and built right, like they told us from the time we chose them as our home builder. Thanks for any help and advice you can give us!!
 


John Se

Member
are you ahead or behind on the money

fire them if you owe them money, they wont spend much fighting, or that may get them to fix it. Also check with the local building department about the stone fill, It may be a code requirement in your area, following that, what difference does it make other that to improve drainage (if its optional) and then you should also have french drains around the foundation. Seems like an easy fix, dig it out and backfill appropriately.
 

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