Ethical?


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Old 10-28-09, 09:59 AM
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Ethical?

I am building a 2-story detached garage and have come across a hurdle with the brick that is to go on my garage and my general contractor. The garage brick needs to match what is already on my house (obviously), and is available. That being said, it is much more expensive than the general contractor anticipated. He is used to paying $275/pallet -- this brick is $450/pallet. I signed a contract with him that states "Brick on 4 sides to match house". My question is this. Is he obligated to purchase the brick that was used on my home, or does he literally just need to "match" with a similar brick? I realize that even the same brick may not be an exact match, but it just seems to me like it would be the right thing to do. To me, this is the GC's fault for not checking into the pricing before he provided the bid. Anyone have any thoughts?
 
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Old 10-28-09, 10:10 AM
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this gets into each persons definition of "match"

I define match as in as similar design, color, structure, etc as can possibly be acquired. With that, there are often disclaimers included in contracts that state "no guarantee of a match"


so, where does that leave you?

in disagreement with the contractor.
without getting to deep into this, especially since it would require reading the contract and speaking with all parties involved, I would tend to find for your position over his especially given he is the professional and would be held more knowledgeable as to what "match" would infer.


If you knew ahead of time that his price was way cheap, you also had a duty to clarify any possible problems. (due diligence)

Sometimes meeting half way solves the problem but depending on how many pallets of brick you are talking about, that may not be seen as reasonable by either side.


Oh, and it is not a matter of ethics but of law.
 
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Old 10-28-09, 10:37 AM
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Thank you so much for your response. The GC has built 2 garages in the neighborhood, both with the same homebuilder as mine. I'm actually paying a bit more than the other two garages, but I do have more square footage. All of the homes in the neighborhood are all-brick. Based on my calc's, the difference is about $4,000 in bricks which I'm sure is most of his profit margin. We'll be having the discussion today - I'm not trying to be unreasonable, but I've already had one brick company come out at his request to "match" and they said it will be very difficult. We shall see.

As far the contract, it is pretty barren. Aside from what I mentioned previously, it also states "all materials are to be specified, and the above work, to be performed in accordance with the drawings and specifications submitted for above work, and completed in a substantial workmanlike manner for the sum of X."
 
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Old 10-28-09, 12:45 PM
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Was there a higher bid you rejected? If you added in the full cost of the bricks you want would the price still be lower then the higher bid you rejected? I'm suggesting this as a way putting things into perspective not a direct answer to your question. If even with the added cost for the brick you wanted it's lower then the higher bid your still getting a good deal. If it will be higher then I'd suggest trying to negotiate to a price a bit lower then the higher bid you rejected.
 
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Old 10-28-09, 01:16 PM
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What does this have to do with Do It Yourself?


How do you know what he allows for brick? If you knew that going in, it can be considered an allowance, and any cost above that is at your expense.
 
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Old 10-28-09, 01:28 PM
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From a non Pro...but from a detached view...

It really should have been a little better spelled out in the contract. What kind of brick and how much it cost really should have been spec'd out in my opinion.

Just saying a "match", for almost any material is a little vague...some things can never be matched.

Theres always the option of paying for any work already performed and finding someone else...but actually holding him to the terms of the contract would probably be impossible.

Sounds like its negotiation time.....
 
 

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