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Construction Law/Missing square footage


We are currently having our house built and found out that instead of a agreed 2100sqft house we're getting a 2000sqft house. It's missing 100sqft in garage! Brought it up to our general contractor and he said it was an error! On the plans it states 1400-living area, 100-lanai, 600-garage, but on the dimensions for garage calls for a 25'x20' which equals 500sqft(right?) Garage is already formed and framed, what happens now??

Dear Chad,
Thanks for your question.
It is clear from your question that the builder did not perform his obligation to you as per the agreed terms, drawings and specifications. Obviously,  if you have a valid contract with him having a recourse to such default, you would need to follow the recourse stated in the contract. If you do not have a valid contract that shows what you agreed to be built, then, enforcing any recourse will be a challenge and a question of the law. Also, I do not know if it is a normal standard form of contract you used or a bespoke type, you would need to check for such recourse again.
The summary of my rresponse to your question is that, it depends upon the conditions of the contract you have with the builder and if none, then, follow the law to seek redress to the following default.

Thanks and regards.

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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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