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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I could go on about the "shadyness" of my builder, s real

Customer Question

I could go on for days about the "shadyness" of my builder, his real estate partner wrote the contract and there have been several attempts to cheapen the build. To begin, they built the house several courses out of the ground because the hit bedrock. I already had a verbal estimate for $1800 to jackhammer the bedrock out (by a competing excavator), but the builder said he'didn't "take care of it." He didn't and never gave me the option to have someone else do it. Instead, he told my wife he Biltmore it out of the ground and it would look like a "mansion on the hill." Of course she was excited. Now, he's expecting us to come out of pocket thousands for back fill. The contract says "backfill to grade," but what is "grade?"
Most recently, our garage was supposed to be 32" wider and 24" deeper (per contract), and an extra garage bay was to be added 12' × 22'. I got my extra depth, but not width on the original garage, and the addition isn't quite 11' wide (although he made it an ext
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 11 months ago.
Dear customer,
I am sorry to learn of this matter.
Ultimately, you can sue the contractor for breach of contract (for both damages and for cost of repair).
Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.