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Real Estate Law - Construction & Renovation

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Likelihood of success if I go to trial? Lost property sale due to prolonged & incomplete constructi

  • Likelihood of success if I go to trial? Lost property sale due to prolonged & incomplete constructi

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  • Likelihood of success if I go to trial? Lost property sale due to prolonged & incomplete constructi

    Votes: 0 0.0%

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not2cleverRed

Obvious Observer
Hunh. When
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
No, you lost the property sale because you were unwilling to move out until the "new" house was move in ready.

You could have put everything but essentials in storage and gone couch surfing/short term rental route, and completed the sale.

The only thing I can see worth complaining about, legally, was the quality of the work done.
 

Plackers

Member
Hunh. When


No, you lost the property sale because you were unwilling to move out until the "new" house was move in ready.You could have put everything but essentials in storage and gone couch surfing/short term rental route, and completed the sale. The only thing I can see worth complaining about, legally, was the quality of the work done.
Not2cleverRed
I thank you for your input, but kindly allow me to explain in my defense as to why I couldn’t move. I care for my paranoia schizophrenia sister whose worst phobia is the fear of falling; therefore my home was handicap assessable from stairs, shower, and flooring. In addition I operate an import export business in which I house inventory in my oversized garage. To store it elsewhere would be a burden on me & the business with the constant shipping & receiving.
 

quincy

Senior Member
Not2cleverRed
I thank you for your input, but kindly allow me to explain in my defense as to why I couldn’t move. I care for my paranoia schizophrenia sister whose worst phobia is the fear of falling; therefore my home was handicap assessable from stairs, shower, and flooring. In addition I operate an import export business in which I house inventory in my oversized garage. To store it elsewhere would be a burden on me & the business with the constant shipping & receiving.
Although I am sure you blame the contractor for the failure of your first house to sell - and construction delays certainly contributed to this failure - the contractor is not responsible for your family living situation that made it impossible for you to consider other options so you could close on the house (like a temporary move elsewhere while your new home was finished).

I recommend you discuss the other attorney's settlement offer with your own attorney, to see if he thinks you can be awarded more in a trial. Trials are a gamble but sometimes you come out ahead, even after figuring the extra attorney costs you will be spending.

Good luck.
 

not2cleverRed

Obvious Observer
Not2cleverRed
I thank you for your input, but kindly allow me to explain in my defense as to why I couldn’t move. I care for my paranoia schizophrenia sister whose worst phobia is the fear of falling; therefore my home was handicap assessable from stairs, shower, and flooring. In addition I operate an import export business in which I house inventory in my oversized garage. To store it elsewhere would be a burden on me & the business with the constant shipping & receiving.
What you describe is not a "defense"; you chose to not move out, and that's on you. You could have rented space elsewhere in between.

The contractor is only responsible for doing the work that you paid for. The contractor is not responsible for where you were staying and storing your stuff.

You are not the first this has happened to. You just made bad choices. You chose to sign a contract that did not address how long the project was to take. After signing a poorly written contract, you failed to make a Plan B for what to do, should the renovation not be completed on time.

The only thing I can see worth complaining about, legally, was the quality of the work done.
 

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