Renovation in Charlotte lagging behind

Renovation in Charlotte lagging behind

Bradenton, FL · Member since 2018 · 28 posts · 7 votes

Hi everyone, i need some help here to understand how to proceed.

We are doing a major house renovation, for the purpose of renting out. Location is Charlotte, NC. We hired a GC, who is managing all the work.

We started the work October 1, and supposed to finish it Jan 15. Today is Jan 13, and work is partially done, but most of the stages are not fully complete

Stages are:

1. deposit

2. framing complete

3. mechanical roughs complete

4. insulation and drywall

5. trim and paint

6. cabinets and countertops

7. mechanical trims

8. project done

Money are evenly spread among them. We are on the stage 3 now, and there are certain things need to be fixed even for the framing stage, for example:
1. Framing has several spots where it has to be redone: one wall has to be thinner, windows have to be moved and expanded, etc

2. Electric work is conditionally complete and inspected, but there are certain spots when it is done not according to the plan in our contract, so it has to be fixed as well.

3. Plumbing work is also partially complete and inspection has not yet been scheduled: GC expects this to be complete at the next stage, when mason will do his work.

4. HVAC units are not yet installed, ductwork is not done

Current stage which GC wants to draw money for is "mechanical roughs complete". He says that he spent a lot of money already and need to make a draw. That draw would mark 50% of our budget for the contracted amount, but i am not sure if we need to send it out or somehow resolve all the issues first. Am i supposed to "finance" the contractor, if he did not predict the stages correctly? How such situations are usually handled?

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  • Developer · Charlotte, NC · Member since 2021 · 19 posts · 9 votes
    4y

    @Igor Stankevich

    The short answer is that a stage is not completed until fully inspected and approved by the city/county. So he should not be entitled for a full “mechanical rough complete” stage.

    If I understand correctly from what you are writing, you already paid in full for stages 1 and 2 while admitting that those stages were not satisfactorily completed, per your contract. Am I right?

    Also, curious… if money is indeed “spread evenly” between 8 stages, how come paying stage 3 in full will get you to 50%..?

    But anyway, putting that aside, no, you should not “finance your GC” BUT also understand that most of them (especially the small) pay their employees’s salaries from the project’s proceeds and all of them are very bad at book-keeping and cash flow projections. So you kinda need to strike a balance between always making sure that he is not front-loading you but also making sure you are ‘feeding’ him enough to be able to continue. More of an art and human-relations than science.

    If you feel that disagreement is getting worse and you are facing a possible showdown between you and your contractor, I would suggest you (1) schedule a meeting with him FACE TO FACE and ON SITE and make a written, agreed list of items completed and list of items still open, (2) ask him to bring backup support for his “expenses” claims and (3) be open - or even suggest- to restructure the contract (if needed) so that it works for BOTH of you going forward in terms of milestone payments. Be very clear and spell out what triggers a “completed stage” and a payment (e.g successful inspection, an operable HVAC, etc)

    Good luck. Feel free to reach out for any questions

  • Bradenton, FL · Member since 2018 · 28 posts · 7 votes
    4y

    Thanks Moshik. The reason it would be roughly at 50% is that there was 1 change order that I paid as an extra, and now he wants another extra (change #2) which is roughly 50% of the stage 1 payment, making the payment he expects ~19% of the contract. I agreed to many of these changes, but still they imply stage completeness. Also he does not have employees but rather independent subs. Should it change the picture?

  • Developer · Charlotte, NC · Member since 2021 · 19 posts · 9 votes
    4y

    @Igor Stankevich

    One of the most important clauses in a contract with a GC should be the agreed milestones and corresponding payment amounts. We call it “schedule of values”. This is normally agreed upon when the contract is signed, and that way you avoid these type of discussions mid-project. If you feel (like me) that maybe it was not laid out properly in the original contract, I would schedule that walk-through with him as suggested earlier and restructure the contract to add it. I don’t think he will object to it because I’m sure he is not enjoying these discussions either. Better now than drag it longer.

    You have to be at a point where you guys agree on milestone payments from now until the end of the job. Leave no place for interpretations.

    One thing I would add:

    When a GC is running other subs you must double and triple verify that he is paying them. It is not uncommon for a GC to get your payments, not pay his subs and later disappear. The subs will come after you and put a lien on the property and then it is your problem.

    How to verify? Call the subs and ask, ask to see receipt of payments before paying him, have him sign a lien waiver and/or a sworn (notarized) statement that he paid his subs, etc.

  • Kevin IveyPro Member
    Flipper/Rehabber · Marysville, WA · Member since 2020 · 216 posts · 126 votes
    4y

    I would also be looking for a new completion timeliness schedule. 

    what does he think will be done each week? You can touch bases weekly vs expectations and see if he is on track or falling behind. I usually carry HML for the flips I do and am very honest on what each extra week/ month of not getting on market costs me on top of his change orders.

  • Bradenton, FL · Member since 2018 · 28 posts · 7 votes
    4y

    Thank you, @Moshik Zemach and @Kevin Ivey, i asked him to collect all the unconditional lien waivers from his subs today with the amount paid to his subs, and he sent them to me, so hopefully that will be good enough to protect me going forward. It's just been too long and Kevin as you mentioned - every extra week of delay costs extra money.

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