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Our builder is taking on other jobs and not finishing our…

Customer Question
Our builder is taking...

Our builder is taking on other jobs and not finishing our house they have only come out on weekends and it’s been around 5 mouths and still not done

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

We have no clue what to do or where to start

Lawyer's Assistant: Where is the house located?

Lancaster Pa

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We where let move in on the 9th of this month and last week 1 of the kitchen cabinets fell off the wall and hit my daughter she is bruised up and we took pictures

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/26/2017
Real Estate Lawyer: Richard, Lawyer replied 7 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,198
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 7 months ago

Good afternoon. What you want to do is raise the stakes on him so that he knows that not complying with your demands is going to cost far more in the end than simply paying you now. First, get an estimate from another contractor of the cost to properly remediate and complete the job. Then, send your existing contractor a certified, return receipt requested letter detailing the history, terminating the contract due to his default, and demand that he pay you an amount of money so that when the other contractor completes the job, you have paid in total no more than you would have paid him had he completed the job competently. Inform him that if he does not comply with your demand within a short specified period of time, you will have no choice but to file a suit against him 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 gross negligence, 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, he will settle this without a hearing rather than risk punitive damages and the judgments being on his record.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 7 months ago
How about the kitchen cabinet that fell off the wall and hit my 10 year old daughter
Real Estate Lawyer: Richard, Lawyer replied 7 months ago

That would be considered a remdiation of unsatisfactory work and I would also ask for damages to the extent your daughter suffered any.

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