goolia0475
Junior Member
What is the name of your state?What is the name of your state? Utah
This issue is between us (the homeowners) and the general contractor who built our home. Our builder, after the home was completed and we had moved in, wrote up a contract (resolution agreement) releasing him from a prior contract that we had with him. The prior contract had stated his responsibility of finishing our basement and giving us a personal loan to relieve debt in order to purchase the home. We were having arguments about him taking too long to finish the basement, so we finally decided to just take back the money that was left over for the completion basement (he had done some of the work like insulation and framing) and finish the basement ourselves. This new contract he wrote up stated it was the final resolution between both parties and that both parties are released from any furthur obligation. We had damages and repairs (there is a warranty on work in the first year after the home is built) that he had earlier (before we moved into the home) agreed to fix on the main/upstairs part of the home from construction (different than the basement and loan ordeal) so we drew up a contract where the builder would agree to fix the repairs within 90 days. We met at a bank. Both parties read over and signed each contract (resolution and fix-it contract), then they were both notarized. I contacted the builder many times over the next several months asking him when he was planning on finishing the basement. He still agreed he would do the work, but kept putting it off. About 9 months later we finally opened a lawsuit against him for the cost of the repairs that he had failed to fix like he had agreed to in the contract. We won that lawsuit and are currently waiting for mediation. We just found out he is countersuing us now, claiming we still owe him for labor from the basement. We are able to prove we owe him nothing, so that isn't even an issue. My question is time. We signed his contract which is a final resolution. He signed our contract and agreed to fix the repairs. The contracts were signed and notarized on the same day at the same time at the same bank and notarized by the same person. Months after both contracts were signed he still verbally agreed to me, many times, to fix the repairs. Now he claims we defaulted on the resolution contract by suing him, he called it some kind of infringment of contract. Is that possible? Is there an essence of time with contracts if they are signed at the same time? Is there a contract that can release a party from any further/future-telling obligations? Isn't he, by suing us now for these imaginary labor costs on the basement, defaulting on his own contract that states both parties are released from claims and obligations? Can he sign a contract (our fix-it) and have no intent to follow through? Is that fraud? We have an attorney, but he is just as confused with the contract issue as we are. I can scan and email the contracts to anyone that would like to see them if that would be helpful. They are short and to the point. Any help, advice, information, or suggestions would be greatly appreciated. If anyone is confused, let me know and I will explain in clearer detail.
-Thank you-
This issue is between us (the homeowners) and the general contractor who built our home. Our builder, after the home was completed and we had moved in, wrote up a contract (resolution agreement) releasing him from a prior contract that we had with him. The prior contract had stated his responsibility of finishing our basement and giving us a personal loan to relieve debt in order to purchase the home. We were having arguments about him taking too long to finish the basement, so we finally decided to just take back the money that was left over for the completion basement (he had done some of the work like insulation and framing) and finish the basement ourselves. This new contract he wrote up stated it was the final resolution between both parties and that both parties are released from any furthur obligation. We had damages and repairs (there is a warranty on work in the first year after the home is built) that he had earlier (before we moved into the home) agreed to fix on the main/upstairs part of the home from construction (different than the basement and loan ordeal) so we drew up a contract where the builder would agree to fix the repairs within 90 days. We met at a bank. Both parties read over and signed each contract (resolution and fix-it contract), then they were both notarized. I contacted the builder many times over the next several months asking him when he was planning on finishing the basement. He still agreed he would do the work, but kept putting it off. About 9 months later we finally opened a lawsuit against him for the cost of the repairs that he had failed to fix like he had agreed to in the contract. We won that lawsuit and are currently waiting for mediation. We just found out he is countersuing us now, claiming we still owe him for labor from the basement. We are able to prove we owe him nothing, so that isn't even an issue. My question is time. We signed his contract which is a final resolution. He signed our contract and agreed to fix the repairs. The contracts were signed and notarized on the same day at the same time at the same bank and notarized by the same person. Months after both contracts were signed he still verbally agreed to me, many times, to fix the repairs. Now he claims we defaulted on the resolution contract by suing him, he called it some kind of infringment of contract. Is that possible? Is there an essence of time with contracts if they are signed at the same time? Is there a contract that can release a party from any further/future-telling obligations? Isn't he, by suing us now for these imaginary labor costs on the basement, defaulting on his own contract that states both parties are released from claims and obligations? Can he sign a contract (our fix-it) and have no intent to follow through? Is that fraud? We have an attorney, but he is just as confused with the contract issue as we are. I can scan and email the contracts to anyone that would like to see them if that would be helpful. They are short and to the point. Any help, advice, information, or suggestions would be greatly appreciated. If anyone is confused, let me know and I will explain in clearer detail.
-Thank you-