What is the name of your state? OH
I have posted other times about my house nightmare and I am using an attorney to plead my case with getting out of a contract with an incompetent builder. Anyhow, even though the foundation walls are not structurally sound, our lawyer says that it will be hard to say that it is a material breach of contract. The concrete is up to strength average but there were 2 samples that were under the specified strength as well. Also, we had a provision in the contract that we would be present during the waterproofing of the foundation walls. In fact, we were not present (nor told about it) and it was damp proofing instead of waterproofing. Since that is clearly written in the contract, how is that not breach? My attorney said material breach vs breach is different. Can someone explain this to me? Thanks!
I have posted other times about my house nightmare and I am using an attorney to plead my case with getting out of a contract with an incompetent builder. Anyhow, even though the foundation walls are not structurally sound, our lawyer says that it will be hard to say that it is a material breach of contract. The concrete is up to strength average but there were 2 samples that were under the specified strength as well. Also, we had a provision in the contract that we would be present during the waterproofing of the foundation walls. In fact, we were not present (nor told about it) and it was damp proofing instead of waterproofing. Since that is clearly written in the contract, how is that not breach? My attorney said material breach vs breach is different. Can someone explain this to me? Thanks!