• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Permit denied for room addition, who's fault?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

tineeric

Guest
What is the name of your state? CA

I signed a contract for a room addition which essentially encloses my existing covered porch. The contractor has been in business for 20+ yrs with no BBB complaints. The contract price is $35,000 and I have paid a $5300 deposit and over $1000 for an "engineering fee" and city plan check. The city refused to issue the permit, saying the design does not comply with building code rules (1997 rules) governing "air flow" in the house. The plan will not be approved without major changes to the original project involving the removal of existing doors and walls. Shouldn't the contractor verify compliance with building codes before sending the project to the engineer? Do I have a right to cancel this contract and recieve full reimbursement for all expenses?

Thank you for your help,
Tine
 


HomeGuru

Senior Member
tineeric said:
What is the name of your state? CA

I signed a contract for a room addition which essentially encloses my existing covered porch. The contractor has been in business for 20+ yrs with no BBB complaints. The contract price is $35,000 and I have paid a $5300 deposit and over $1000 for an "engineering fee" and city plan check. The city refused to issue the permit, saying the design does not comply with building code rules (1997 rules) governing "air flow" in the house. The plan will not be approved without major changes to the original project involving the removal of existing doors and walls. Shouldn't the contractor verify compliance with building codes before sending the project to the engineer? Do I have a right to cancel this contract and recieve full reimbursement for all expenses?

Thank you for your help,
Tine
**A: did you hire an architect to draw the plans for the permit?
 
T

tineeric

Guest
The contractor we hired specializes in these sunroom additions. I went to city hall to view the documents they filed, and they included a diagram of the project and our home drawn by the contractor, drawings and calculations provided by the engineer including footings and attachment of the sunroom walls to existing structure, and a booklet of specifications from the Four-Seasons sunroom corp. regarding their product. I assume the contractor is acting as architect ? I will meet with the contractor this week and want to know my rights before requesting anything

p.s. Thanks for the speedy reply!
 

HomeGuru

Senior Member
tineeric said:
The contractor we hired specializes in these sunroom additions. I went to city hall to view the documents they filed, and they included a diagram of the project and our home drawn by the contractor, drawings and calculations provided by the engineer including footings and attachment of the sunroom walls to existing structure, and a booklet of specifications from the Four-Seasons sunroom corp. regarding their product. I assume the contractor is acting as architect ? I will meet with the contractor this week and want to know my rights before requesting anything

p.s. Thanks for the speedy reply!
**A: if the contract was responsible for the design and bulding permit then they must correct the plans etc. to comply with the building department's request.
 
Last edited:
T

tineeric

Guest
If additional work required exceeds our budget can we cancel contract, or must they include additional work at their expense to comply with codes? If they don't want to "eat the extra costs" I'm willing to accept the loss of the engineering & permit fees if they refund our deposit. Is that a reasonable compromise?

thanks again...
 

HomeGuru

Senior Member
tineeric said:
If additional work required exceeds our budget can we cancel contract, or must they include additional work at their expense to comply with codes? If they don't want to "eat the extra costs" I'm willing to accept the loss of the engineering & permit fees if they refund our deposit. Is that a reasonable compromise?

thanks again...
**A: it is all subject to negotiation and settlement.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top