Powers Building

Review: This builder (Powers Building) was hired to provide a turnkey log cabin, drain field, well, and other site excavation services and a 2-story barn. The builder is affiliated with a log home manufacturer and was selected by the manufacturer as the exclusive builder for the associated project. The contract with Powers Building was signed in May, 2014 and an initial draw was provided in June, 2014 for the log package and the building projects. The builder seemed to be doing well for several months as far as the pace and the progress. After about the end of October, 2014 the builder essentially stopped working on the log cabin and has not performed since. He has done some framing on the barn but other than that he has essentially stopped work. The builder claims to have too many projects happening at the same time and has had a series of excuses for a few months now. I wrote to the builder in December and demanded that he return to work at the first of the year and made clear that the entire project should be completed by the end of Feb, 2015 based on the original contract and start date. As of the middle of January 2015 the builder still had not returned to work and stated that he was unable to continue without an advance against future draws. I would not approve any sort of advance as I have been 100% on-time and even early with payments and the builder has not completed required work to attain the next draw. The builder then stated that I would have to wait until other customers paid him in order to work on my building project. I was not prepared to advance any draws since the previous draws I had provided were not used to deliver on my project. In order to help get back on schedule I did agree to purchase building materials for the builder under an amended contract that allowed me to purchase materials, supplies, and labor directly from suppliers and then subtract the associated amounts from the builder's future draws. This way I could ensure that my money was going to my project and that the materials would be there for the builder to perform. It has been a week now since the materials were delivered and the builder still has not returned other than to have someone do some minor trim work. At this point the builder is unable to meet his commitments to deliver. Another major issue is that the contract calls for a Gambrel roof on the barn and the builder used A-Frame trusses instead which are now installed. The builder has not even acknowledged that the roof is out of specification from the signed contract. At this point the builder needs to perform and deliver with no further delays, excuses or interruptions.Desired Settlement: This entire project needs to be completed by March 15, 2015 and the builder is not expected to introduce any quality or design problems in meeting this date.