Ready for Court, how strong is my case?

[bpatton]

Texas

My builder's bid out a project for me at $688k, which was the full cost for completing a 15 unit apartment building in Denton, TX. Per the builder's contract and assuming no delays due to "Acts of God" he was supposed to be completed by Dec. 20th or he would have to pay me $400 per day he was late. If he completed it early, he would get $400 for each day early. It is Jan. 19th and the building is still not completed. He is saying that it was because of Rain and that Rain falls within "Acts of God." It does not specify what Acts of God are in the contract.

He is also over budget by $17k and says that I am responsible for the excess cost because he was forced by the city to make some changes in materials that he did not account for, however I am arguing that the city approved the plans and if he had bid the project according to the plans then the city wouldn't have told him to make changes - so we wouldn't be over budget.

He has also refused to pay for a mailbox (approximately $1500). Stating that the mailbox does not constitute part of the project and so he did not include it in his bid.

I feel that i have a pretty strong case, but want to know what others think.

 

[HomeGuru]

Texas

My builder's bid out a project for me at $688k, which was the full cost for completing a 15 unit apartment building in Denton, TX. Per the builder's contract and assuming no delays due to "Acts of God" he was supposed to be completed by Dec. 20th or he would have to pay me $400 per day he was late. If he completed it early, he would get $400 for each day early. It is Jan. 19th and the building is still not completed. He is saying that it was because of Rain and that Rain falls within "Acts of God." It does not specify what Acts of God are in the contract.

**A: rain is an act of God. It is your fault that you did not specify the types and how such act would constitute an approved delay.
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He is also over budget by $17k and says that I am responsible for the excess cost because he was forced by the city to make some changes in materials that he did not account for, however I am arguing that the city approved the plans and if he had bid the project according to the plans then the city wouldn't have told him to make changes - so we wouldn't be over budget.

**A: if the Ciry made changes due to zoning, code etc. even after the plans were aprroved and the building permit issued, the owner pays for such required changes and change orders.
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He has also refused to pay for a mailbox (approximately $1500). Stating that the mailbox does not constitute part of the project and so he did not include it in his bid.

**A: is the mailbox shown and listed on building plans and specs? If not, you pay.
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I feel that i have a pretty strong case, but want to know what others think.

**A: next time have your own attorney write up your construction contract and have an engineer or architect consultant review and approve the project plans and specs. Do you even have an owner's rep conducting progess inspections for you to protect your interest?