"Custom" builder makes my choices

Construction is nearly complete on my home. Yesterday I found that they had drilled 4" centers in the marble for all my bathroom faucets. I was planning on putting in faucets with an 8" spread. My builder's position is that since I didn't tell him that I wanted an 8" spread he's not responsible and will not replace any of the countertops. This is a custom home. I have had to make every other choice throughout the entire house, and it never occured to me that they wouldn't ask me about plumbing fixtures. I looked over my contract and found nothing in there specifying 4" centered faucets - it only said that chrome was standard and brass would be extra. Do I have any recourse?

Time to get your real estate attorney involved. You'll have to read the contract.

Does it say you make EVERY cosmetic decision? Does it specify that you pick the plumbing fixtures? (Sounds like it does, since it specifies chrome & lets you pick brass for extra $$.) Was there a deadline for you to pick the plumbing fistures? Did the builder drill before the deadline passed? 4" may be the standard, but there are lots of 8" faucets in Home Depot.

Did the builder jump the gun by drillng before you'd picked the faucets or did you keep silent too long? I know you can't plumb the tub until you've picked one out -- they have drains in different places. What does the contract say about disputes that arise during construction? Arbitration/mediation? Flip a coin? Can you find a really nice 4" faucet & have builder buy it instead of replacing the counters? Are you going to grind your teeth every time you enter the bathroom?

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Jubes:
Construction is nearly complete on my home. Yesterday I found that they had drilled 4" centers in the marble for all my bathroom faucets. I was planning on putting in faucets with an 8" spread. My builder's position is that since I didn't tell him that I wanted an 8" spread he's not responsible and will not replace any of the countertops. This is a custom home. I have had to make every other choice throughout the entire house, and it never occured to me that they wouldn't ask me about plumbing fixtures. I looked over my contract and found nothing in there specifying 4" centered faucets - it only said that chrome was standard and brass would be extra. Do I have any recourse?<HR></BLOCKQUOTE>

The normal procedure is for the architect or the owner to specify "owner fixtures" and then prior to rough-in work being started, shop drawings or details are made and approved. In your case the actual fixtures should have been delivered to the prime builder or the designated subcontractor 1 month prior to marble fabrication. In the alternative, you as the owner should have at least notified the builder of the specs beforehand, and given him the spec sheets and a fail safe method should have been used by the builder. That would be the builder should have confirmed with you as to the type of fixtures that were going in or demanded that the actual fixtures be delivered to the jobsite by a certain date. The builder should have known that since this is a custom home that he must always double check with the owner specifically on owner supplied or specified fixtures. The motto is still "measure twice, cut once" or in this case "ask twice, drill once" The marble contractor should have coordinated with the plumbing contractor and it appears that there was no quality control in this area. The other fail safe method is to have everything go through the architect. I always tell owners to be at the jobsite daily if you can, to monitor the construction. If you did, you could have at least talked to the builder, marble person and/or the plumber to confirm the fixture type and size way ahead of schedule. This is a typical case of poor communication between you and your custom builder. And 99.9% of the time when there is poor communication, the owner suffers.

The details may not be in the contract but may be shown on the building plans or the building specifications. What should be in the contract though are conditions such as how change orders, owner allowances/fixtures are handled etc.
If on this project there has been a history and methodolgy of the builder always checking with you on owner specified fixtures, and in this instance he did not, you may have a claim. Now be sure to double check with the builder on all other fixtures such as bathtubs/showers, chandeliers, outdoor lighting, ceiling fans etc. And be at the project daily or at least as many times as possible. Even a 10 minute look-see will help.