Builder Promises Subdivision New Pool, No Follow Through

[markletourneau]

I live in a newer residential subdivision in Georgia. The current amenities site has a small pool. The sole builder in the subdivision made a commitment to the association boardmembers as well as homeowners to install another pool that was much larger, at his own expense. The builder even went so far as to put up a sign indicating where the new pool was to go.

The lot on which the builder was to put the pool had already been declared a nature preserve when the subdivision plans were submitted to authorities and he was prohibited from putting a pool on the site.

Now he is backing out and giving the association $36,000 to do it ourselves. The pool he promised, however, would have cost much more than $36,000.

It appears the assn wouldn't have much luck trying to hold the builder legally accountable as an oral contract because no consideration was being paid to the builder (unless you consider the benefit he would receive from being better able to sell his houses due to the new pool). Not to mention, it has taken longer than a year to fulfill and there is nothing in writing.

Given this, is there any possible recourse for the assn under contract law, or any other remedy?

 

[loku]

Conractor does not build pool

The "benefit he would receive from being better able to sell his houses due to the new pool" would be valid consideration if he did sell homes after making the promise. The fact that it has taken longer than a year to fulfill the oral contract would not invalidate it if the contract could have been performed in less than a year. The statute of frauds invalidates oral contracts that can not, by their terms, be performed in less than a year.

Probably the contractor would not have offered the $36,000 if he really believed the contract was not enforceable.