<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Sadie45:
HomeGuru, Thank you for your reply.
We do not have a written contract. I do have a signed "Proposal" which states the cost to do the work. On the proposal it says "This is a quote the is not a binding contract. A formal written letter of intent to proceed with the work described above followed by a contract between an authorized agent and (contractors name) with terms and conditions of the work is required." The contractor never gave me the letter of intent nor a contract to sign. He started without it. I did not stop him thinking the paper work would be forth coming. I also gave him a deposit. Does this constitute a contract?
The building department issued TWO correction notices and I gave the contractor the opportunity to fix the defects. He did not call for a third inspection but placed the concrete anyway. He told me that he had a structural engineer review the foundation and the engineer would write a letter to the building department stating that the foundation was sound. Thus far the contractor has not produced a letter and upon checking with the building department they have not received a letter either.
After they placed the concrete I noticed reinforcing bar protruding from the footings. I called the building department and they came out and issued a "stop work order". So that is where we sit today.
The plans and specifications were prepared by an architect. The contractor walked the plans through the building department before I could get him a stamped set of drawings (The Architect is a bit miffed about that). The Architect did observe the construction and agreed with the correction notices the building department issued. I have copies of both correction notices and the stop work order which would prove that the contractor ignored the directives of the building inspector.
The contractor is licensed and does have experience with this type of construction. The concrete was placed by a subcontractor who will probably lien my property if not paid or allowed to correct the work.
The contractor was recomended by a friend. It is a new business so there isn't much background to check into.
I feel strongly about not furthering my relationship with this contractor or his concrete sub. I am not confident that they will do a satisfactory job if given another chance. If I don't allow them yet another chance to correct the work, I am afraid I will end up with a lien on my property and a huge concrete slab that is useless. What do you think? Can I fight with a reasonable chance of prevailing?<HR></BLOCKQUOTE>
A proposal is not a contract. The structural engineer inspection letter if you ever do get one, would be bogus. In the required formwork, there are code required and specified placement of the reinforcing steel, lap splices, ties, clearance off the ground, and rebar to concrete cover tolerances at the bottoms, edges and tops, construction, control and expansion joints, blockouts for plumbing, mechanical and electrical conduits etc. The concrete must be specified psi strength as evidenced by concrete truck tickets, slump and compaction tests.
If the concrete is poured without a form and reinforcing steel inspection, the shoddy work may be covered up. Isn't it amazing that you caught the defects rather than the trained professionals such as the general, subcontractor, structural engineer and architect?
In my opinion, you should stay as far away as you can from these people. If a lien is filed, you would prevail and the contractor would not be allowed by the courts to foreclose. This would be based on your proof that the work is
substandard, unacceptable, not to plans and specs and and not to code as evidenced by the AHJ (Authority Having Jurisdiction), and the project architect. I am sure any structural engineer would be able to render a similar opinion if needed.
