How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Damien Bosco Your Own Question
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2341
Experience:  Helping you with your legal questions.
68302747
Type Your Real Estate Law Question Here...
Damien Bosco is online now
A new question is answered every 9 seconds

I am having a home built in NC. The contract I signed with

Customer Question

I am having a home built in NC. The contract I signed with the builder says that the completion date was supposed to be in June 2016, however, it is October 2016 and they are still at 3 weeks to a month out. I still have to come out of my pocket with more money for something that should have been included in the loan, my surplus funds have been used up for what I do not know. I can not be patient anymore. Help!
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 2 months ago.

Hello. My name is***** am an attorney. I will review your question and develop a response. We may discuss it too. Does that sound good to you?

Customer: replied 2 months ago.
Expert:  Damien Bosco replied 2 months ago.

Does the contract have something called a "time is of the essence" clause.

Customer: replied 2 months ago.
no I do not see that anywhere
Expert:  Damien Bosco replied 2 months ago.

Is there anything in the contract that states what happens with contractural delays. The reason I am asking is that you want to see if there is anything that deals with remedies, like a remedy clause for construction delays first.

Customer: replied 2 months ago.
i am looking
Expert:  Damien Bosco replied 2 months ago.

Okay.

Customer: replied 2 months ago.
I see something saying in the event of delays resulting from any of the following causes:
Expert:  Damien Bosco replied 2 months ago.

And what does it say....

Customer: replied 2 months ago.
Acts or default of purchaser, any modification to plans, acts or default of any developer or contractor engaged in constructing or installing streets or utilities
Customer: replied 2 months ago.
adverse weather, damage caused by fire, storm
Customer: replied 2 months ago.
any form of act God
Customer: replied 2 months ago.
strike. lockout,
Customer: replied 2 months ago.
or government
Customer: replied 2 months ago.
the time for completion of construction shall be extended for a period of time equal to the length of the delay in construction. However, none of these apply to my case. Also, I have seen 10 - 15 house completed in this area and they are still working on my house, also, some of the homes went up after my home
Expert:  Damien Bosco replied 2 months ago.

Correct. It does not apply. Therefore, what a purchaser in your situation would have is a potential breach of contract claim. A three month delay appears to go beyond a normal delay in construction. We can discuss more if you would like to do so.

Customer: replied 2 months ago.
okay, sure also, on my inspection sheet I have a draw for landscape and finish grade but they are telling me I have to pay for that out of my own pocket
Expert:  Damien Bosco replied 2 months ago.

That would also be a contract issue and rise to a dispute involving a breach of contract claim. I am afraid, what all this results in is a breach of contract claim Sometimes purchasers will wait to deal with the situation until the project is complete, then make the breach of contract claim, rather than attempting the dispute now if the project is incomplete. Or sometimes purchaser will attempt to rescind the agreement altogether. It unfortunately is a difficult situation.

Customer: replied 2 months ago.
what should I do
Expert:  Damien Bosco replied 2 months ago.

Hello again: You have the options outlined above. We can discuss them more. Someone in your position would have to make their own decision whether to commence a legal action now for breach of contract or rescission (i.e., not to go with the deal); or to wait to commence one for breach of contract. Or possibly work it out with them. If you want we can speak on the phone to discuss the options in more detail. I can send you the premium service offer.

Expert:  Damien Bosco replied 2 months ago.

Hello: I have not heard back from you. If you need additional assistance, please let me know. Otherwise, I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. If the answer was especially helpful you can provide a bonus. Best regards.

Related Real Estate Law Questions