Can you change build options mid-build on new construction? (2013, clause, agent)

[HX_Guy]

We are building a new house with a national builder and an issue has come up with a paver driveway+walkway upgrade we bought and we may need to cancel this option. If we can cancel, and we should be able to, is it normally possible to still choose other options after they have already started construction?

We'd specifically like to take the funds from the pavers and use them toward either french doors in-lieu-of the sliding glass door at the patio or whole-home speaker system or upgraded tile flooring in some rooms.

The house is far from being ready, it's not supposed to be completed until June. This is the stage it's at as of today:



I did email the builder to ask as well but wanted to see what the experience with this is here too. Thanks for the input.

[jdhall1]

Read your contract and see what it says about changes.

[willow wind]

Normally you should be able to but only your builder is going to be able to tell you.

However, don't be surprised if the figures don't match. I know you're thinking the driveway/pavers cost-
x-amount of dollars, so we'll take the x-amount an use it toward something else. And your builder may so, on no, this is the cost for this or that and it may not equal out.

But do pin him down very soon. Those in house speakers need to be installed while the electrician is working and well before the sheetrock goes in. Tiling nor a problem, French doors maybe. Looks like they're already framed that so if you could find a french door that matches the size of the slider opening it could work. Like I said, talk to the builder fast so they can accommodate your wishes before they go any further..

[HX_Guy]

Thanks Willow Wind. I did email the builder earlier today about it but have not heard back yet.

The french door ILO the sliding door is actually an option they offer but I don't know if the opening size for the french doors is the same as the sliding glass door, if it's not then that's certainly a no go as the framing is already up for the sliding door.

The speakers and tiling shouldn't be a problem to add I wouldn't think but like you said, who knows. And yea, I don't expect them to take the money from the pavers and give me all that...I would see what each option costs and add until I get back to the original loan amount we've been approved for. The pavers weren't cheap so we should be able to do 2 out of the 3 upgrades.

[oregonwoodsmoke]

Sure, you can always make changes, but expect it to cost you.

That's where price overruns come from. The buyer signs a contract and then thinks of changes that they want. You will get charged for every change.

I hope that there is a serious reason to cancel the paver driveway, because that is one upgrade that will be worth some money when you sell. The speakers will be worth nothing additional and french doors instead of sliders are nice but won't get you any more money.

[HX_Guy]

I understand they would charge us for the other items, but would it be more than if we originally purchased them at contract? For example the speaker 7.1 speaker pre-wire cost was $700...would it still be $700 now or would they charge more simply because it's a change vs added at the time of contract? (I understand prices may have gone up since we signed, but I'm talking specifically if *we* would get charged more because of the change in the order).

And we still want to do a paver driveway, just not through the builder if they can't get us the pavers we want. We'll hire a 3rd party paver company after we close and demo the concrete driveway and replace with pavers.

The reason we don't want to go through the builder anymore is because we were under the impression that the pavers we bought were the same as the ones installed at the model home we looked at, but apparently those are "for decorative purposes only". The ones they are installing at other homes that bought the same options are a different style that we don't like.

The ones on the left are the style we don't like, the ones on the right are the model home ones we do like.

[EngGirl]

It really depends on the builder. Did you hear anything back from them?
I am sure they can cancel your option. I don't think they even ordered supplies needed for your driveways, but the question is are they going to do so? Since you are not asking for money back and want to change options, I think they should allow you these changes.

Do you know if builder had to apply to get you that driveways paver?

[HX_Guy]

Haven't heard anything back yet but our sales agent is out of the office on Mondays & Tuesdays so probably won't hear back until later this week.

That was my thinking as well, since we just want to change options and not cancel (meaning no loss of revenue for them), I would think they would be accommodating.

I don't know if they had to apply for the paver driveway...would it need a special permit vs a concerete driveway? I have a copy of the building permit from the city and it doesn't say anything about the driveway there, it only lists structural upgrades we chose which I assume need a permit (such as bay windows, room addition and an exterior french door).

...which now makes me realize that a french door ILO the sliding glass door probably needed a permit to get done, so that's most likely a no-go for that upgrade at this point.

[Rakin]

Brick pavers sure can become uneven due to settling. Stamped or patterned concrete will be a much more solid surface for autos.

I can see where a builder would not want to install pavers since they have to warrant the product.

[TrapperL]

I think the part you don't see in regards to the builder cancelling an item they haven't yet to install is that right after you make the selects, ALL of the items are placed on order. The builder does this because some of the items, like brick, can be a 4-6 month wait for it to come in. All of the purchase orders are in the hands of the subs. The subs may have a cancellation clause with the builder that once they have a PO in hand, it costs the builder regardless. Hopefully your builder can spare you some of the money but don't expect a full exchange of money as the builder has to now basically rebuild the house in his computer system which can be time consuming and as we all know, time is money. There's a lot more to changes on the job than just making a pencil mark and calling for different materials. Like changing a glass sliding door to a french door means a completely different rough opening. Considering the house appears to be mostly framed, he's going to have to tear out framing and redo it. This costs more money to the framer, lost materials, and office time to make the changes and order different materials. Upgrading the tile means the sub probably already has the tile on order. He's bound by contract usually to take the materials now and he's going to charge the builder for it. So upgrading now creates issues that costs money. What I'm trying to get you to understand, it can be done but it ain't a cheap date.
In regards to the driveway, I think yer stuck. It's going to depend on your lender. Most will require a completed home and that includes a driveway. The builder is not going to allow a third party vendor on the premises while the builder is in first lien position. It's a matter of legal rights that a builder should never give up. Should anything go wrong, the 3rd party vendor can stop the closing of the house and the builder gets left holding the bag with a lot of money invested. If the lender will allow the builder to close on the house less the driveway, you can then have your 3rd party vendor put the drive in. But that's going to be one rare lender.