Repairs Before Closing...Problems

[mark1210]

What is the name of your state? TX

Ok, our home is under contract, closing to happen this upcoming Thursday. Per our contract the master bathroom shower had to be redone (shower pan, walls, tile) due to soft walls. The work was completed per our contract and paid for by us the sellers. Problem is, the shower enclosure (the glass, gold metal frame, shower door, etc) no longer fits the recently redone shower due to the shower repair people not rebuilding the shower to its previous dimensions. It's off an inch more or less in different places which causes the old enclosure not to work. We don't have the $$$ to pay for a new shower enclosure and we feel had they rebuilt the shower properly we could have reused the old enclosure. So what are our options? Shouldn't the shower repair people have measured beforehand and built it to the same dimensions? The shower repair people said "what do you expect us to do about it now?" Additionally the faucet on the jacuzzi tub no longer allows to be opened fully without banging against the tile due to them placing the tile a bit too close to the faucet.

Seems to me if you ripped something out, you would put it back to the way it was. Am I totally wrong here?

Mark

 

[HomeGuru]

What is the name of your state? TX

Ok, our home is under contract, closing to happen this upcoming Thursday. Per our contract the master bathroom shower had to be redone (shower pan, walls, tile) due to soft walls. The work was completed per our contract and paid for by us the sellers. Problem is, the shower enclosure (the glass, gold metal frame, shower door, etc) no longer fits the recently redone shower due to the shower repair people not rebuilding the shower to its previous dimensions. It's off an inch more or less in different places which causes the old enclosure not to work. We don't have the $$$ to pay for a new shower enclosure and we feel had they rebuilt the shower properly we could have reused the old enclosure. So what are our options?

***A: does the contract specifically state that either the contractor will provide a new shower door/frame or use the existing door/frame from the old shower? If not, what does the contract say?

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Shouldn't the shower repair people have measured beforehand and built it to the same dimensions?

**A: yes, in most cases unless the space is built to specifications of newer doors currently available.

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The shower repair people said "what do you expect us to do about it now?"

**A: depending upon your contract, you may have a different response. Were they supposed to install the original door back and was this task stated in the contract?
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Additionally the faucet on the jacuzzi tub no longer allows to be opened fully without banging against the tile due to them placing the tile a bit too close to the faucet.

**A: construction defect which should be fixed depending upon how much water pressure there actually is.
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Seems to me if you ripped something out, you would put it back to the way it was. Am I totally wrong here?

**A: not in all circumstances. The contract must state the exact scope of work. If construction was a guessing game, your home would have a lot more defects.
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Mark

**A: HomeGuru

 

[mark1210]

HomeGuru--

Thanks for your response. Here are the answers to your questions. Hopefully you can point me in the right direction.
Our agent (sellers agent) selected this company because of
their estimate and performance. We paid half up front, the rest comes out of closing. The shower repair company referred us to another company to take down and re-install the shower enclosure as they didn't handle that kind of work . I don't believe there ever was a contract, or at least one I never signed.
Perhaps thats where the problem stems. I will have to check with the agent on that. If the agent failed to have a contract on the work where does blame fall on that?

Mark

 

[HomeGuru]

HomeGuru--

Thanks for your response. Here are the answers to your questions. Hopefully you can point me in the right direction.
Our agent (sellers agent) selected this company because of
their estimate and performance. We paid half up front, the rest comes out of closing. The shower repair company referred us to another company to take down and re-install the shower enclosure as they didn't handle that kind of work . I don't believe there ever was a contract, or at least one I never signed.
Perhaps thats where the problem stems. I will have to check with the agent on that. If the agent failed to have a contract on the work where does blame fall on that?

Mark

**A: it depends upon the circumstances. Who contacted, hired, contracted with these workers, you or your agent? Who signed any contract, work order or invoice, you or your agent? Do you see what I am getting at? You agent selected the company:
1. because of their lower/reasonable estimate (presuming the agent recieved 1-2 other estimates from other companies) If no ther estimates were received, there would be no comparison to conclude that the company that was hired in fact gave a lower or reasonable estimate.
2. because of their performance. So it would be safe to presume that your agent or agent's brokerage firm either used this same company before and was satisfied or the agent obtained a positive referral from a business associate, relative, friend etc.

It would be good to ask your agent for the information at how the decisions was arrived at.
Nothwithstanding, even if you are the customer, the agent has a fiduciary duty and standard of care to make sure that referred contractors are checked out especially if the agent is the one that hires them. In your case, it may have been a miscommunication between the general contractor and the sub and/or between you and both contractors. In any case, there is a strong viability of a third party referral claim that you have against your own agent.
If the shower repair contractor knew that the same door/frame would be installed, then they should not have changed the finished opening by even 1/16 of an inch.