ᐅ Mold in the bathroom: the general contractor refuses to take action
Created on: 21 Sep 2021 22:48
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MP12345
Good evening, we have the following problem:
After the screed dried, we noticed mold. We are building with a general contractor (GC), and we do not have a key (the GC builds many houses on the street and has a key for all of them, so no homeowner receives a key). Now we have mold growing especially in the bathroom and on some drywall panels throughout the house. The GC claims this is normal, not a big deal, and says he has been doing this for 30 years; the mold can be removed with mold remover. We have repeatedly asked him, both verbally and in writing, to replace the affected panels. Verbally, he always downplays the issue, and he does not respond to written requests. What do you think about the photos / how can we proceed further?
After the screed dried, we noticed mold. We are building with a general contractor (GC), and we do not have a key (the GC builds many houses on the street and has a key for all of them, so no homeowner receives a key). Now we have mold growing especially in the bathroom and on some drywall panels throughout the house. The GC claims this is normal, not a big deal, and says he has been doing this for 30 years; the mold can be removed with mold remover. We have repeatedly asked him, both verbally and in writing, to replace the affected panels. Verbally, he always downplays the issue, and he does not respond to written requests. What do you think about the photos / how can we proceed further?
Tom1978 schrieb:
Perhaps here there is confusion between a developer and a general contractor/main contractor? A developer is not obligated to allow anyone access, as the property remains theirs until full payment is made. With a GC/MC, the situation is different.He is a main contractor, not a developer. We also believe he adds more than the agreed 10% to the quotes. We never receive the original offer for change orders, only his version. We are considering withholding the remaining payment and resolving this in court. It is impossible to have a reasonable conversation with this gentleman; he is the big shot, in business for 30 years... We suspect that his employees did not ventilate enough. No other house has this mold issue.
MP12345 schrieb:
He is a general contractor, not a property developer. We also believe he adds more than the agreed 10% margin to the quotes. We never receive the base quote for the change orders, only his. We are considering withholding the remaining payment and resolving this in court. You can't have a reasonable conversation with this gentleman; he’s a big shot who’s been in the business for 30 years... We suspect that his employees didn’t ventilate enough. None of the other houses have this mold problem. If he’s the general contractor, it is your house that he is building. You should definitely have a key. What does your external construction supervisor say? I hope you have one. Building without one and being a layperson is almost negligent...
Tom1978 schrieb:
If it’s a general contractor, it’s your house they’re building. You should definitely have the keys. What does your external construction supervisor say? I hope you have one. Building without one as a layperson is almost negligent... Yes, we do have one, and he is on the construction site today. He has already said that the mold needs to be removed. He will also prepare an expert report on this. If the general contractor doesn’t remove it, would it be possible to withhold the remaining payment and settle the matter in court?
MP12345 schrieb:
Yes, we have one; he is on the construction site today. He already said that the mold needs to be removed. He will also prepare an expert report for that. If the general contractor doesn’t remove it, would it be possible to withhold the remaining payment and then settle this in court?Very good. The problem with the key remains. We and the external construction supervisor will each receive one, so that we can always access the site.
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Alessandro22 Sep 2021 11:33Get the key! This is YOUR house!
Schimi179122 Sep 2021 11:50konibar schrieb:
In any case, a notice of defects should be sent (by registered mail with return receipt) to protect your interests.
You can still choose not to enforce it later. Registered mail with return receipt is often not effective. If the person concerned is unreachable and does not pick up the letter from the post office, it is considered undelivered. This can be particularly problematic when deadlines must be met.
I have (especially) important letters/documents delivered by a bailiff. That way, I can be absolutely certain about proof of delivery, and there are no misunderstandings, especially regarding the content. The costs are reasonable.
andimann schrieb:
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But why, as the property owner, don’t you have a key to your own property? I am always surprised people accept this. If you are really building with a general contractor and are truly the property owner, you are ultimately responsible for everything that happens on your land, on your construction site.
That’s why it’s called property own_E_R...
You should have a key to check if there aren’t any issues hidden on site...
... Partial knowledge: Isn’t there something about accident prevention? I think this was mentioned somewhere in this forum before.
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