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Our builder has postponed fixing major water leaks in our home.

Customer Question
He said he was going...
Our builder has postponed fixing major water leaks in our home. He said he was going to begin 6 weeks ago, now tells me his lawyers say he doesn't have to move forward. He has his home on the market and would like to leave town. Can we get a lien on his home or file suit against him and his construction company for water, stucco, and possible dry rot?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 4 minutes by:
6/23/2010
Real Estate Lawyer: Barrister, Lawyer replied 8 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,022
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello,

 

You can't file a lien until you get a judgment against him. So the race is on to see if you can file suit against him for breach of contract and get a judgment before he sells his house and skips town. If he filed for bankruptcy it would wipe out any potential liability if you were listed as a creditor.

.

.

Thanks

Matt

 

 

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Customer reply replied 8 years ago

How do we file a judgement against him and how long would it take? Do you include his sub contractors and any business associates?

Real Estate Lawyer: Barrister, Lawyer replied 8 years ago

You would have to first file a lawsuit against him for breach of contract. This starts with you filing a Complaint and Summons stating what you are suing him for. Once you get him served with it, he has 20 days to respond or you can move for a default judgment. If he does file an Answer, then your next step would be to file for a pretrial hearing to set any discovery deadlines, expert witness disclosure deadlines, or other pretrial matters. After that you would have some period of time to complete discovery of any relevant material from him for your case. Then you would file for a trial date and eventually have a trial.

.

This can take upwards of a year in a fairly fast case if the Defendant fights it and files an Answer.

.

You can only sue subs and other associates if they were somehow liable for your damages or you have reason to believe that you can prove they were after the discovery process is started.

.

.

thanks

Matt

 

 

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