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Richard, Attorney
Category: Legal
Satisfied Customers: 53665
Experience:  Attorney with 29 years of experience.
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We have completed and closed on a new construction home. It

Customer Question

We have completed and closed on a new construction home. It has been 2 months, post-move-in, and the construction company has not graded our lot. It is a jungle of tall weeds. What can we do? It is part of the contract to have the grading done to meet the specifications set by the City, once our house was done.
Submitted: 3 months ago.
Category: Legal
Expert:  Richard replied 3 months ago.

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Expert:  Richard replied 3 months ago.

They are in breach of contract and you do have recourse. Since they won't resolve this voluntarily, you want to raise the stakes on them. First, get an estimate from another repair company of the cost to perform the job. Then, send your construction company a certified, return receipt requested letter detailing the history and their default, and demand they pay you what it will cost you to have another company complete the job since you no longer have confidence in them. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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