Thank you in advance for your contributions to our
We are a HOA located in North Carolina. We signed a quote
and were invoiced in April, 2016, with a construction company to perform the
Obtain NC commercial building
Remove the existing wood railing
around the walkway and replace with heavy duty aluminum railing. Remove and replace walkway deck boards with
#1 kiln dried cox wood. Install bench
seating along walkway adjacent to pool house.
Patch cracks on the concrete slab.
Install 12x16' wooden pergola on concrete slab. NOTE: if staining the new deck boards is
requested, an additional $400.00 will be added to the final invoice.
OF MATERIALS AND LABOR:
The cost of the pergola kit is included in the work as
evidenced in the clarification of another email.
We also received a quote for a stick built pergola from the
same company which totaled $14,920.00. We choose to go with the kit as we
thought it would be easier.
In May, 2016, the company proceeded with the work and
replaced the decking. In July, 2016, the railings were completed.
The company has since informed us that they were unable to
obtain a building permit for the kit pergola from the building department.
Additional information: This project is part of a City Grant
program for which we applied and were awarded.
We repeatedly requested that the construction company provide us with
contact information within the building department so that the Grant department
could interact on our behalf to assist in the project. That information was never provided. Our
original contact at the company no longer works there.
We have received a final invoice from the company in the
amount of $10,090.00. This broke down to $960.00 for permits and $9.160.00 for
the walkway and railings.
The cost of the pergola kit is $4,290.00. They have taken
$4.360.00 off their original invoice.
The HOA approached the company and asked that they complete a
stick built pergola at the contracted price for the kit. They are refusing and
have provided the following as their reason:
Per our conversation of this morning, I have reviewed the
invoice, estimate and invoices for materials and labor. While I do concur with you regarding the amount of the credit
given, I have found that the cost of materials and labor that we have in this
project just covers the work we performed. In discussing this with our
sales team, it was our intent to install the pergola while we had crews there
doing other jobs at a minimal cost with no profit. Therefore, the cost reduction we have provided covers all we had
for that item.
We really need a pergola to close out our Grant with the City.
We have obtained 2 estimates that range from $6,000 - $7,800. The community is
not in a position to add additional funds to the project and feel that the
amount billed for the walkway and their explanation of “while doing other
things” is not acceptable. Fortunately, we have only paid $5,000.00 in progress
billing towards to work done.
Are we justified to pay in full an amount reduced by the cost of
building a pergola? If the time came, would our reasoning hold up in small
Since we are a HOA, and the work was on community property, I
really can’t see them placing liens on 144 units to secure any of the debt.
Any guidance or comments would be greatly appreciated.