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rf134a
Jun 24th, 2005, 11:29 AM
Does anyone have any experience with their home builder failing to meet specs? My specs specify General Paint or Glidden but the painters cheaped out and used Cloverdale paint instead. General Paint & Glidden are like the Honda & Toyota of paints. Not cheap but very widely used and dependable. Cloverdale is the low-end of the totem pole. Like Kia where it works for now, but don't depend on it in the future. Also, General Paint & Glidden sell for around $27-37/gallon whereas Cloverdale is in the $20 range. Contractor pricing is general 25-40% less than retail.

The edger looks like this:
http://www.epaintstore.com/graphics/newgraphics/shur_line_ceiling_trim_edger.jpg

The quality is quite poor. The ceilings have a noticeable "border" around it where the painters used an edger and ripped off the stippling.

I know the builder is in breach of contract. What can I do before I contact my lawyer? I've had possession for 5 months.
JAC
Jun 24th, 2005, 11:32 AM
Was this mentioned on the PDI? Have you reported it to Tarion?

Does your purchase contract SPECIFY a paint brand? Does the small print state that the builder may substitute materials as he sees fit?
v00d00
Jun 24th, 2005, 11:34 AM
Have you tried talking to builder to resolve the situation?
me!
Jun 24th, 2005, 12:00 PM
check the contract specifications, if there is one. also check to see if the builder has the right to make modifications to the specifications. if it does then your out of luck.

if it does not and you have proof that a cheaper grade paint was used, u can seek remedies to have the better paint installed.

btw did you already pay the 10% holdback yet?
rf134a
Jun 24th, 2005, 07:59 PM
check the contract specifications, if there is one. also check to see if the builder has the right to make modifications to the specifications. if it does then your out of luck.

if it does not and you have proof that a cheaper grade paint was used, u can seek remedies to have the better paint installed.

btw did you already pay the 10% holdback yet?

Modifications are a standard part of any contract, however, it specifies equivalent or better. I think you'll have a hard time convincing someone that a Kia Spectra is the equivalent or better than a Corolla or Civic.

The proof is easy... there's gallons of leftover Cloverdale paint and the painting company's trucks have Cloverdale logos on them.

Unfortunately, the 10% holdback has been paid. :(