Woodside couple ordered to pay $5.75 million in construction dispute over $18 million home Woodside, posted by Editor, The Almanac Online, on Sep 9, 2010 at 12:11 pm
Arbitrators awarded Palo Alto-based housing contractor Vance Brown Corp. a total of $5.75 million from Woodside homeowner and venture capitalist Jeff Drazan and his wife Stacy Drazan in a dispute over a construction project on an $18 million home on Bridle Lane.
Read the full story here Web Link posted Thursday, September 9, 2010, 11:01 AM
Posted by cc, a resident of the Woodside: Mountain Home Road neighborhood, on Sep 9, 2010 at 12:11 pm
Congratulations Loren Brown....The three arbitrators concluded, after 51 days of hearings, that the couple's EXCESSIVE number of changes to the home's design and the failure to pay the costs associated with those changes was a "material breach" of a contract.
Posted by AKA, a resident of the Atherton: West Atherton neighborhood, on Sep 9, 2010 at 12:21 pm
I am in the home building business and deal with this all the time. Most homeowners are reasonable about the concept * If I change my mind it usually impacts the cost.* But some...OMG...
I want the walls a different color than what was approved and applied so why is that extra to paint the rooms again? ...I know I approved that custom (stone, tile, roofing, plaster, etc.) but now I want something else and I want it for free and no restock...
Posted by Scholar, a resident of the Menlo Park: Sharon Heights neighborhood, on Sep 9, 2010 at 12:26 pm
Change orders will kill a budget. Pre-specifying typical change order costs is the way to go. All change orders must be priced and approved before they are implemented. Otherwise it is very easy for contractors to "gold-plate" their change order prices to make up for other areas that were low-bid. Yes it happens all the time.
Posted by Menlo Voter, a resident of the Menlo Park: other neighborhood, on Sep 9, 2010 at 12:35 pm
Yes scholar, it happens all the time - NOT. Most builders are honest. I find that people that don't kow anything about construction don't realize there are more than just the direct costs associated with a change. That gives them the impression a contractor is "gold plating" his change orders when actually all we are trying to do is recoup ALL costs associated with the change.
Posted by Sandy, a resident of another community, on Sep 9, 2010 at 1:41 pm
I think that if the former Supervisor had been in his seat, things would have gone a lot differently.
Most contractors are honest, but those who aren't are agressively in cahoots with some of our questionable building supervisors and their relationships with the owners. IOW, this would not have come out the same way now that San Mateo County officials have to watch their movements and actions and decisions.
I blame the builders as much as I do anyone, but it was bad timing on their parts to be so extravagant and the County does not give one bit. It is "now their official duty to see justice"..Cough
Posted by Electrician, a resident of another community, on Sep 9, 2010 at 1:52 pm
Having worked on many homes and for a couple of contractors, it is highly unusual for Woodside residents to EVER be found culpable of wrongdoing and especially "venture capitalists" who seem to know their ways around the SAN MATEO COUNTY and all of the building codes.The comment by "Sandy" is something almost all crews know what is going on while getting their weekly paychecks.We just pick up our checks and watch all of the "changes and errors in construction" formerly go unnoticed. I would have liked to seen what really went on between the Browns and the contractors and the city now that it has to maintain a "squeeky clean" image before election time.
Posted by Moe, a resident of the Menlo Park: Central Menlo Park neighborhood, on Sep 9, 2010 at 3:45 pm
Not knowing the details of the Dazan's agreement with the contractor I can only offer a general observation. Get someone to administer the contract (normally a qualified archiect)and do not proceed with ANY changes until you have established who is responsible for the change, what EXACTLY is to be changed, for what cost, and who is going to pay for it.
Posted by Jury, a resident of another community, on Sep 9, 2010 at 4:21 pm
At those prices, someone did not do something honest and I think it was both parties and the Drazans made an obvious mistake in choosing an attorney who wasn't from San Francisco and a cutthroat type who isn't up for election or afraid of being on the wrong side of Brown and these election year b.s. panics. For a million bucks, they could have had people climbing out of the woodwork because this thing reeks of high heaven.
Posted by just a thought, a resident of another community, on Sep 9, 2010 at 4:44 pm
do ya really think "the deck was stacked"? what else is the attorney who lost the case - big time - and cost his client megamillions in lawyer fees is gonna say? of course he is going to deflect blame.
Posted by busy body, a resident of the Atherton: other neighborhood, on Sep 9, 2010 at 8:18 pm
This story was on the front page of several papers today!--a little late to be considered a private matter--don't you think--plus the broader themes have relevance to current issues in several local cities--Atherton comes to mind.
Posted by John, a resident of the Atherton: other neighborhood, on Sep 10, 2010 at 12:27 am
Private Matter? Contractor obviously wants to share news of their victory. Losing homeowner and/or attorney want news suppressed to minimize their embarrassment of defeat. No one else cares. Which one are you (Drazen or Alberti)?
Posted by Jon Buckheit, a resident of the Atherton: West Atherton neighborhood, on Sep 10, 2010 at 1:01 am
There are a couple of interesting aspects of this situation:
1. I've kept up with the news stories over the past several months/years and I think the homeowner signed one version of the contract, and the contractor signed another. This most likely created the conflict over what the rights and responsibilities were.
2. Normally I would have thought that the written terms of the person paying for the good/services (the homeowner) would trump the written terms of the provider.
3. My understanding is that arbitrators do not even need to follow the law. They are entitled to mete "substantial justice", even if that conflicts with the law. The case that established this in California was the Intel vs. AMD arbitration that set the stage for Intel to become the dominant provider of microprocessors. Arbitrations cannot be appealed (unless you can show the arbitrator was bribed, or had an improper relationship with a party that was not disclosed).
4. How could a legal fight over a house generate more than $6.25M in attorney's fees???
Posted by Jury, a resident of another community, on Sep 10, 2010 at 4:13 pm
This goes beyond arbitration and contracts. It is WHEN those contracts were written and it sounds to me like this is going to go on in spite of how much money the Woodside couple have.
This goes beyond bucks.
This is hot stuff for election time and it all really looks devious and mostly, badly timed.
An 18 million dollar house is not that much in this world of summer homes in the Hamptons and Chateaux in France which cost much more.
This is just a case of a lot of bad moves made by the clients with their builders and attornies. It is kind of disgusting in view of the people who are the majority and think their $20 million dollars is a lot of money.....no longer.
Posted by Jon Buckheit, a resident of the Atherton: West Atherton neighborhood, on Sep 10, 2010 at 4:19 pm
Law Guy, I don't know the particulars of the situation. I do know there were two signed contracts that were different (one with the signature of the homeowner, one with the signature of the contractor).
The cautionary tale in this for most people is that arbitration agreements can include a clause, as this one (or one of the contracts, at least) apparently did, that the arbitration will be handled by an industry panel. In this case, by a group of construction attorneys.
This can be viewed as a positive (expertise), or a negative (de facto sympathy for the contractor).
Whenever any one of us opens a brokerage account, there is an arbitration agreement that any dispute be brought before FINRA, which consists of arbitration panels made up of securities industry attorneys. Many people have reported these are kangaroo courts.
I have no idea whether this was a kangaroo court or not. It could be the contractor was 100% right. I'm just bringing up some of the issues that are traditionally associated with these types of agreements. One thing is for certain: arbitration is great for the winner (the finality of it).
Posted by Congrats, a resident of the Atherton: other neighborhood, on Sep 11, 2010 at 5:56 pm
The only thing you have said that makes sense is "I don't know the particulars of the situation". One wishes you would take the same tact on all your posts on every issue. You have set yourself up as an expert on everything Atherton and now Woodside.