Layman/Design-builder - Who's right? (appliances, custom home, movies)

[GoldCoast_Sekondi]

I have a contract with a design-build company to design a new construction home for me. In the preliminary stages before a contract was signed, we discussed the interior, and the principal invited me to have access to his Dropbox account to upload all inspirational photos. He also recommended a Houzz account to create an idea book. Part of the contract states that the design-builder will be responsible for "the selection of all elements going into the project, such as materials, textures, equipment, fixtures, and appearance, using plans, elevations, and specifications."

Long story short, he's trying to ditch that part of the contract and his obligations, and he claims that interior design was not specified.

My question is, Would consider interior design as part of the contract since it includes the aforementioned statements: the selection of all elements going into the project, such as materials, textures, equipment, fixtures, and appearance, using plans, elevations, and specifications.?

Thank you in advance!

[MrRational]

Originally Posted by GoldCoast_Sekondi

I have a contract with a design-build company to ...
Long story short...

Long story short is that custom home building has a long and well established set of protocols
and recognized LICENSED professionals who all know where the LEGAL foul lines are and honor them.
Maybe next time?



https://www.youtube.com/watch?v=t_jjKs06-UY

[Parnassia]

Originally Posted by GoldCoast_Sekondi

I have a contract with a design-build company to design a new construction home for me. In the preliminary stages before a contract was signed, we discussed the interior, and the principal invited me to have access to his Dropbox account to upload all inspirational photos. He also recommended a Houzz account to create an idea book. Part of the contract states that the design-builder will be responsible for "the selection of all elements going into the project, such as materials, textures, equipment, fixtures, and appearance, using plans, elevations, and specifications."

Long story short, he's trying to ditch that part of the contract and his obligations, and he claims that interior design was not specified.

My question is, Would consider interior design as part of the contract since it includes the aforementioned statements: the selection of all elements going into the project, such as materials, textures, equipment, fixtures, and appearance, using plans, elevations, and specifications.?

Thank you in advance!

Hard to say. The details are where the devil lives and we can't read your contract. Just how specific were those "preliminary discussions"? Did you use Houzz to create your idea book? Did you upload lists or descriptions of what you wanted to the Dropbox account or didn't you? Did the two of you really reach agreement on the interior details you listed or were they left open? Down to finish items such as paint colors, flooring, wall finishing, trim, plumbing and other fixtures like sinks, toilets, showers, tubs, appliances, cabinetry, lighting, all the rest of it.

If you didn't set out all that detail before agreeing to and signing the contract and he now needs you to make those final finish choices for him to carry forward, his interpretation of that contract term is correct. Frankly, I wouldn't want or expect to leave all those finish details up to a contractor. I'd want to set the parameters within which I can select and shop/pick them out for myself. Then I'd provide those selections (paint swatches, fixture and finish stock numbers, etc.) to them so (s)he can make it all happen in reality. If I really didn't want to bother with that level of detail myself might as well choose a home that's already built.

If you DID settle all the interior finishes and equipment his interpretation of the contract wouldn't be correct. Is he billing you for design/detail decision making time he hasn't expended? How does he itemize his billable design hours? Has he purchased all those finish materials and is he billing you for them? OTOH, if you're still free to make those choices, what's the problem? Why don't you do so now?

At this point, you now have a signed contract. Both parties need to honor it so some of this discussion is after the fact. Interpreting the contract is the problem. Doesn't sound good if you're already in dispute over everything so soon. Have you seen any other homes he's built/designed? What's different about yours? Did you talk to any of his previous clients? Could you approach them and find out how specific their contracts were and how the working relationship with him worked out for them?

[Parnassia]

Originally Posted by MrRational

Long story short is that custom home building has a long and well established set of protocols
and recognized LICENSED professionals who all know where the LEGAL foul lines are and honor them.
Maybe next time?



https://www.youtube.com/watch?v=t_jjKs06-UY

One of my all time favorite movies! The slant taken is fun...no evil villainous contractors, just naive, neophyte clients with unrealistic expectations. Lovable, but naive!

[GoldCoast_Sekondi]

Just how specific were those "preliminary discussions"? We had an in-depth conversation about interior design and agreed to his fees which were a little higher than other proposals received because of the interior design.


Did you use Houzz to create your idea book? Yes, I did and he was granted access

Did you upload lists or descriptions of what you wanted to the Dropbox account or didn't you? I uploaded inspirational photos such as kitchen designs, wall designs, flooring, bathrooms, etc. I even uploaded photos of plumbing fixtures, lighting fixtures, and others.


Did the two of you really reach agreement on the interior details you listed or were they left open? Well, I said the contract after seeing that he was going to do interior elevations as part of the deliverables. Plus, he included the selection of all elements going into the project, such as materials, fixtures, equipment, and textures. He was going to use elevations and plans to illustrate the appearance.

Down to finish items such as paint colors, flooring, wall finishing, trim, plumbing and other fixtures like sinks, toilets, showers, tubs, appliances, cabinetry, lighting, all the rest of it. That is exactly my point. Only appliances were selected in the early stages of the process, and nothing has been selected but he claims the design is complted.


If you didn't set out all that detail before agreeing to and signing the contract and he now needs you to make those final finish choices for him to carry forward, his interpretation of that contract term is correct.

Frankly, I wouldn't want or expect to leave all those finish details up to a contractor. I'd want to set the parameters within which I can select and shop/pick them out for myself. You are right. He was going to help us select the materials, textures, fixtures, and equipment, and then he was going to illustrate these in the deliverables to show the appearance by using plans and elevation.

Then I'd provide those selections (paint swatches, fixture and finish stock numbers, etc.) to them so (s)he can make it all happen in reality. If I really didn't want to bother with that level of detail myself might as well choose a home that's already built. We did not even have the chance to select any element going into the project, except appliances.

If you DID settle all the interior finishes and equipment his interpretation of the contract wouldn't be correct. Is he billing you for design/detail decision making time he hasn't expended? That is exactly my point. He is trying to charge me extra to design the interior such as wall and flooring finishes, cabinetry, kitchen and bathroom design, etc., even though he was going to help us to make that happen, as stipulated in the contract.

How does he itemize his billable design hours? Has he purchased all those finish materials and is he billing you for them? OTOH, if you're still free to make those choices, what's the problem? Why don't you do so now? I am ready to embark on this with his direction, but he is trying to charge extra to do the obligation that he has abandoned.

At this point, you now have a signed contract. Both parties need to honor it so some of this discussion is after the fact. Interpreting the contract is the problem. Doesn't sound good if you're already in dispute over everything so soon. Have you seen any other homes he's built/designed? We saw one of his projects he just completed, but that was after our contract.

What's different about yours? Did you talk to any of his previous clients? No, we did not.

Could you approach them and find out how specific their contracts were and how the working relationship with him worked out for them? I will give it a shot

[Quick Enough]

Originally Posted by GoldCoast_Sekondi

I have a contract with a design-build company to design a new construction home for me. In the preliminary stages before a contract was signed, we discussed the interior, and the principal invited me to have access to his Dropbox account to upload all inspirational photos. He also recommended a Houzz account to create an idea book. Part of the contract states that the design-builder will be responsible for "the selection of all elements going into the project, such as materials, textures, equipment, fixtures, and appearance, using plans, elevations, and specifications."

Long story short, he's trying to ditch that part of the contract and his obligations, and he claims that interior design was not specified.

My question is, Would consider interior design as part of the contract since it includes the aforementioned statements: the selection of all elements going into the project, such as materials, textures, equipment, fixtures, and appearance, using plans, elevations, and specifications.?

Thank you in advance!

Get a lawyer!