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We are 9 months into our new home construction that our contractor told us would take 6 month and he has "left the building". He asked for a 3 month extension, then decided to file for a divorce and has not been the same since. He was to put down our hardwood floors but has someone else do it who didn't know how to, big mess up and stated that the boards were smaller on one end than the other. We asked him to show us the boards and he threw them away....that was 11 weeks ago and we are still waiting for our new floors to arrive. We feel we can't fire him until the final inspection is finished but think he should have to pay for the set back of 11 weeks of waiting. We have a list that we have given him of other things that need attention but they don't seem to be getting done, so we have hired others to finish what he has started....we plan on billing him but don't really know if we can get away with it. I guess we are hoping someone out there can give us advice as to how we are protected during our building from our contractor.
sandd
You are in Lawyer Land now.
Get legal advice on your status and whatever protections and recourse your contract may offer.
Take your contract to your attorney, with all the best documentation of the course of events.
If the guy has really lost it, do you really want him to continue to dabble at messing up your new home?
My educated guess is you just came on here to spout your frustration and will never come back to even read the responses to your rant. Most never do. Whatever the case, Mike the Realtor above gave you the advice you must follow by getting the Liar.....oops I mean Lawyer. The help you need is beyond what we can do for you.
If your Builder is licensed, insured and bonded in your state then you likely have a couple recourses. One is if he is bonded, that means he puts up money in an insurance fund for just these kind of problems. Should the Builder not finish for any reason then this money can be used to finish the home for you. The insurance company will handle this.
Most states but not all, Builders pay into a state insurance fund usually called something like HOW. This fund will work exactly in the same way as a bond but HOW is a little more power hungry and can get the home finished a bit quicker.
Oh yea.....you said he got divorced. If that is the case then the Judge gave her everything he owns including all future earnings if they were dumb enough to have kids. That means he has no motivation or financial resources to finish the home anyway.
You need a lawyer, not advice from an internet forum,
Having worked on several cases like this (as an expert witness), I can tell you there are LOTS of problems when you start doing things on your own because of the legal issues involved.
It all boils down to what the contract says. The "devil in the details" is when all the stuff is not spelled out and both parties have made assumptions, or taken someone at their word, or done things that were contrary to "the contract".
Get a lawyer.
Location: Visitation between Wal-Mart & Home Depot
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Quote:
Originally Posted by sandd
We are 9 months into our new home construction that our contractor told us would take 6 month and he has "left the building". He asked for a 3 month extension, then decided to file for a divorce and has not been the same since. He was to put down our hardwood floors but has someone else do it who didn't know how to, big mess up and stated that the boards were smaller on one end than the other. We asked him to show us the boards and he threw them away....that was 11 weeks ago and we are still waiting for our new floors to arrive. We feel we can't fire him until the final inspection is finished but think he should have to pay for the set back of 11 weeks of waiting. We have a list that we have given him of other things that need attention but they don't seem to be getting done, so we have hired others to finish what he has started....we plan on billing him but don't really know if we can get away with it. I guess we are hoping someone out there can give us advice as to how we are protected during our building from our contractor.
sandd
Paid 100% up front? What does your contract say about performance? Barking Spider knows what he's talking about.
jimbo is on the right track!
The question I have is: have you already drawn a line in the sand? If you have and he still has not performed then you have to make a family decision and tell him NOT to come back to the property. You have the right to protect your interests! Hopefully he will will figure out that he may be sued for breach of contract and offer up reparation money( uh yeah...but who knows? it would save in a bundle in the end...)
As Jimbo eluded to, you may have to sue for breach of contract via non performance.
Start collecting and documenting all of your evidence including expenses, time frames for any activities and phone calls etc....
Shop hard for a new contractor and tell them they may have to spend some time helping with your recovery process.
Might as well shop for legal counsel ASAP and get a good one.
Summer is a good time to get things done!
Nothing wrong with getting some feedback and input from an internet forum at all! In fact sometimes you need to step back, take a nice deep breath and ponder some of our points. This is one comfortable place to do just that. You take or leave it as YOU choose.
This is your house and the emotional aspects of this kind of situation can lead to compounding the problem(s).
Its all business from here on out; get 'er done!
You options will vary depending on where you are located. What state do you live in?
Although I handle this type of case all the time on a larger scale, I cannot give you legal advice here. I can however point you in the right direction if you are in a state that I know anything about.
We are 9 months into our new home construction that our contractor told us would take 6 month and he has "left the building". He asked for a 3 month extension, then decided to file for a divorce and has not been the same since. He was to put down our hardwood floors but has someone else do it who didn't know how to, big mess up and stated that the boards were smaller on one end than the other. We asked him to show us the boards and he threw them away....that was 11 weeks ago and we are still waiting for our new floors to arrive. We feel we can't fire him until the final inspection is finished but think he should have to pay for the set back of 11 weeks of waiting. We have a list that we have given him of other things that need attention but they don't seem to be getting done, so we have hired others to finish what he has started....we plan on billing him but don't really know if we can get away with it. I guess we are hoping someone out there can give us advice as to how we are protected during our building from our contractor.
sandd
Just wanted to extend my sympathies. Hope you can get it resolved. This is one reason we decided not to build and got a spec instead (all the headaches) not to mention you are gouged for the price. Even the banker suggested we just consider a spec! Our builder really can be pricks once you sign on the dotted line!
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