Contractor can't get permits per plan

[eworldes]

What is the name of your state? CA

Our contract is for a pool, patio cover (attached to the house), raised concrete deck area and outdoor kitchen. He gave us a rendering of what the areas would look like and included language in the contract such as "as shown per plan." The image was beautiful and we were excited even though it was very expensive. After most of the outdoor kitchen was complete - one stack-stone front curved bar 21+ feet and another bbq island about 14 feet long - both with granite counter tops, he told us that he couldn't permit the island cover as shown in the drawing. Instead it would have to be shortened about 10 feet and much of the bbq island would not be covered. In fact we had to beg the City to get any of the cover (we had the Director come out and we asked for a "break"). Because we are in the desert south west, the temp regularly gets over 100 about 6 months of the year. When the sun shines on the granite it literally burns any skin that comes in contact with it. It's not even dark granite. The shade cover was to prevent this problem. We never would have put the bar and bbq islands there if we knew they could not be covered. The contractor's #1 solution was to wait until after the final inspection then cover it. This spoke volumes about the contractor. The paypoint for these items is prior to the installation of concrete decking, pebble in the pool, and pool equipment.

I don't think I should pay the full price for these islands but I want water in my pool... What should I do?

 

[Zigner]

You were required to pull permits BEFORE starting construction - what happened?

 

[xylene]

You should have worked with an architect who actually knew what was permissible.

Now what you should do is talk to a lawyer about your remedy options.

 

[eworldes]

Argh! He was chartered with getting the engineering and permits. His excuse is that he broke the work into two sections: The islands and the overhead shade cover. He was able to get the permits for the work he had done HOWEVER he didn't attempt to get the permit for the shade cover until he was ready to work on it. I was unaware he didn't have that permit or if it even required a permit. Now I can cook sunny-side up eggs on my counters.

 

[xylene]

Argh! He was chartered with getting the engineering and permits. His excuse is that he broke the work into two sections: The islands and the overhead shade cover. He was able to get the permits for the work he had done HOWEVER he didn't attempt to get the permit for the shade cover until he was ready to work on it. I was unaware he didn't have that permit or if it even required a permit. Now I can cook sunny-side up eggs on my counters.

You have installed what is clearly a 50k + outdoor kitchen / living space.

You need to see a lawyer, review your contract fully and see your recourse.

Personally, I see it your way, holistically, not piecemeal.
Talk to a lawyer to make sure your contract sees it this way.

 

[eworldes]

Thanks. The total contract is a little over $200,000. I was really trying to avoid legal action but whenever I pull my head out of the sand I always come to the same conclusion. I just am not looking forward to summer without a swimming pool. Last year there were several days that hit over 120 degrees. It's already been over 100 twice this year.

In the past week I found out that he must pay a civil judgement or lose his license in June. And there are two other complaints pending for "breach of contract." These issues have all come up since I signed my contract. Sounds like he's already in trouble and I'm about to add more.