Real Estate Law - Construction & Renovation

[Plackers]

New York
Likelihood of success if I go to trial?
Lost property sale due to prolonged & incomplete construction project.
8 week project took 10 months. Looking for restitution of $160 G, insurance adjuster offered $10 G

 

[Just Blue]

New York
Likelihood of success if I go to trial?
Lost property sale due to prolonged & incomplete construction project.
8 week project took 10 months. Looking for restitution of $160 G, insurance adjuster offered $10 G

The FreeAdvice Crystal Ball has recently been returned to us and it is powerful... but there is no possible way for it or any member of this site to answer your question. You need to ask your attorney this question.

 

[quincy]

New York
Likelihood of success if I go to trial?
Lost property sale due to prolonged & incomplete construction project.
8 week project took 10 months. Looking for restitution of $160 G, insurance adjuster offered $10 G

I agree with Blue that we can't answer the question that you asked but I am not understanding what you are talking about.

How did you lose a property sale over a construction project? Was this your own house that you were selling? Did you have an offer contingent on the completion of work? Who are you wanting to sue?

 

[Plackers]

I agree with Blue that we can't answer the question that you asked but I am not understanding what you are talking about.

How did you lose a property sale over a construction project? Was this your own house that you were selling? Did you have an offer contingent on the completion of work? Who are you wanting to sue?

Many thanks for both replies. Please allow me to explain. I’m putting feelers out there hoping someone would see my post that had already experienced taking a contractor to trial with a similar circumstance and wanted to know the outcome, as my attorney is waiting for my decision to go to trial to sue the contractor. I purchased a second home and hired a contractor to rehab it before I could move in and had a purchase “contract” for my current residence. The contractor said it would take 8 weeks to complete, but not stipulated in his contract (there is a reasonable completion status on the books). In addition the contractor had my deposit of $30 G for 5 months before beginning and took 10 months to compete the interior before I could move in. He bilked me, did shoddy work & left without completing the exterior. I couldn’t get a CO, so I hired someone else to complete the job, which took another 6 months. After 9 months the buyer of my current residence got tired of waiting and cancelled the contract. The contractor was aware that I had a buyer waiting, but again there was no contingency upon completion of construction on my second home in either contract. Hindsight is 20/20. My current residence is in a declining neighborhood, so it was sheer luck to find a buyer in the first place. It would now be pressed luck to find another buyer especially with such a handsome offer.

I agree with Blue that we can't answer the question that you asked but I am not understanding what you are talking about.

How did you lose a property sale over a construction project? Was this your own house that you were selling? Did you have an offer contingent on the completion of work? Who are you wanting to sue?

 

[quincy]

Many thanks for both replies. Please allow me to explain. I’m putting feelers out there hoping someone would see my post that had already experienced taking a contractor to trial with a similar circumstance and wanted to know the outcome, as my attorney is waiting for my decision to go to trial to sue the contractor. I purchased a second home and hired a contractor to rehab it before I could move in and had a purchase “contract” for my current residence. The contractor said it would take 8 weeks to complete, but not stipulated in his contract (there is a reasonable completion status on the books). In addition the contractor had my deposit of $30 G for 5 months before beginning and took 10 months to compete the interior before I could move in. He bilked me, did shoddy work & left without completing the exterior. I couldn’t get a CO, so I hired someone else to complete the job, which took another 6 months. After 9 months the buyer of my current residence got tired of waiting and cancelled the contract. The contractor was aware that I had a buyer waiting, but again there was no contingency upon completion of construction on my second home in either contract. Hindsight is 20/20. My current residence is in a declining neighborhood, so it was sheer luck to find a buyer in the first place. It would now be pressed luck to find another buyer especially with such a handsome offer.

Why did you tolerate that length of delay? Why didn't you hire another contractor sooner, to complete the construction, and sue the first contractor at that time for the money that was paid for work that was not done?

I doubt you will find anyone on the forum who will have experienced the same set of facts. I think you need to sit down with your attorney and discuss the odds of you succeeding with a claim. You appear to have damages but no one can tell you better than your attorney what you might expect from a lawsuit.

Thanks for answering my questions.

 

[Plackers]

Why did you tolerate that length of delay? Why didn't you hire another contractor sooner, to complete the construction, and sue the first contractor at that time for the money that was paid for work that was not done?

I doubt you will find anyone on the forum who will have experienced the same set of facts. I think you need to sit down with your attorney and discuss the odds of you succeeding with a claim. You appear to have damages but no one can tell you better than your attorney what you might expect from a lawsuit.

Thanks for answering my questions.

Again, many many thanks. Other contractors wouldn’t touch it, were too busy or couldn’t start for weeks. If I knew then waiting a few weeks would have saved months, I would have. Plus funds were running low and even if I sued at the time that still would have taken 1 to 2 years. My attorney says it depends on jury peers. I just hope they understand the damages as you. Best regards

 

[quincy]

Again, many many thanks. Other contractors wouldn’t touch it, were too busy or couldn’t start for weeks. If I knew then waiting a few weeks would have saved months, I would have. Plus funds were running low and even if I sued at the time that still would have taken 1 to 2 years. My attorney says it depends on jury peers. I just hope they understand the damages as you. Best regards

There were mistakes made on your part in that you didn't get a time for completion written into your contract with the contractor, that you didn't send a letter to the contractor demanding completion by X date when he exceeded eight weeks, sending a letter to the contractor demanding a refund (or suing for it) if he missed the deadline date, and possibly in not closing on the old house sale despite the delays in construction on your new house - finding some other place to live (with family/friends) while work on your new house was finished ...

... but, from what you have said, the contractor obviously failed to deliver as promised the work he was contracted to do. Had the contractor completed the work he was hired to do, you would not have the problems you have now.

Good luck in the marketing and sale of your old home. I hope your new home is (eventually) all you hoped it would be.

 

[adjusterjack]

the contractor had my deposit of $30 G

Yikes. Paying a contractor anything in advance is just begging to be ripped off.

 

[quincy]

Yikes. Paying a contractor anything in advance is just begging to be ripped off.

I have a feeling that lesson has been learned.

 

[Plackers]

There were mistakes made on your part in that you didn't get a time for completion written into your contract with the contractor, that you didn't send a letter to the contractor demanding completion by X date when he exceeded eight weeks, sending a letter to the contractor demanding a refund (or suing for it) if he missed the deadline date, and possibly in not closing on the old house sale despite the delays in construction on your new house - finding some other place to live (with family/friends) while work on your new house was finished ...

... but, from what you have said, the contractor obviously failed to deliver as promised the work he was contracted to do. Had the contractor completed the work he was hired to do, you would not have the problems you have now.

Good luck in the marketing and sale of your old home. I hope your new home is (eventually) all you hoped it would be.

Hello Quincy
Are you still there? You are knowledgeable, so I'd like to bounce this off you if you don't mind. I receive an email from my attorney a few moments ago. It follows:
I received a call from private counsel for contractor. He is concerned that the insurance company has withdrawn the settlement money. He has convinced contractor to offer $5,000 in addition to the 10,000 from the insurance carrier for a total of $15,000. I think you should take the offer because the insurance is not going to pay at the end of the day and Bradbury can file bankruptcy and discharge any award. If you want to discuss, please call the office. I would like to let then know by the end of the day or first thing tomorrow. Thank you

 

[PayrollHRGuy]

Taking advice from the other side's lawyer is never a good idea.

 

[quincy]

Hello Quincy
Are you still there? You are knowledgeable, so I'd like to bounce this off you if you don't mind. I receive an email from my attorney a few moments ago. It follows:
I received a call from private counsel for contractor. He is concerned that the insurance company has withdrawn the settlement money. He has convinced contractor to offer $5,000 in addition to the 10,000 from the insurance carrier for a total of $15,000. I think you should take the offer because the insurance is not going to pay at the end of the day and Bradbury can file bankruptcy and discharge any award. If you want to discuss, please call the office. I would like to let then know by the end of the day or first thing tomorrow. Thank you

Your attorney thinks you should take the $15,000? Is there some reason you don't trust his advice?

If you are hoping to recover $160,000 because the sale of your first house fell through, I think that is unrealistic. But you will have to decide if the $15,000 is enough to cover the costs spent on your second contractor who had to fix the shoddy work of your first contractor and complete the job.

I would go over your expenses again with your attorney and see if he thinks you potentially could get more at trial. The problem with a trial is there is never a guarantee that you will come out better than you would have by settling.

Good luck.

 

[Zigner]

Your attorney thinks you should take the $15,000? Is there some reason you don't trust his advice?

The OP says that the contractor's attorney passed on that advice.

 

[quincy]

The OP says that the contractor's attorney passed on that advice.

I read it differently.

The email was sent to Plackers by Plackers' attorney after Plackers' attorney received a phone call from the contractor's attorney. Where the email says "I" it is Plackers' attorney speaking.

Plackers can correct me if I am mistaken.

 

[Zigner]

I read it differently.

The email was sent to Plackers by Plackers' attorney after Plackers' attorney received a phone call from the contractor's attorney. Where the email says "I" it is Plackers' attorney speaking.

Plackers can correct me if I am mistaken.

Upon re-reading, I retract my earlier statement - I think you are correct.