room addition gone BAD

[amy vaughn]

My husband and I entered into a contract with a builder April,26 2000, he was hired to build a third bedroom on our home. We signed a contract for $10,700.00, he showed us a blueprint and the permits from the city on May,23 2000, we gave him a check for $5,000.00 it was from a second mortgage on our home. He sent workers to pour the concrete and set the block and put on the roof. He got to the point of cutting into the existing home through a hall closet, so the room would not look like an addition, but, an original part of the home. The room was too small it did not match up with the hallway. He wanted to cut into my sons room to make a doorway I said no I just wanted what we agreed to, he refused. I went to see a lawyer he said I would have to pay someone to fix then sue him, I could not afford this so I compromised with the contractor to have a small hallway built to meet up with the existing hallway. We extended the time and gave him another $4,000.00 (I know I'm an idiot). It has been a nightmare since, he brought in a dumpster and cracked my driveway, there are numerous cracks running through the concrete floor of the addition, there is a block on the structure that is broken, he built a patio off the hallway that is not what we agreed to, and it does not even extend to the end of the entry door, he has left debris in my yard for weeks on end, a large pile of sand still sits in my front yard that was used to make the concrete. Over seven months have passed and the room still does not have electricity or a floor. I feel like I should not have to pay for the shoddy workmanship. I looked over the contract and saw that he is way over the written time line for the work to be done. There is a provision that all disputes have to be resolved in accordance with rules of the American Arbitration Association. Can I sue him in small claims to recover any monies paid for anything other than materials. Thank You, Florida Resident

 

[HomeGuru]

You can not sue but must first mediate then if no resolution, arbitrate. There is a clause in the contract called the arbitration clause. Check to see if it states just arbitration or binding arbitration.

 

[amy vaughn]

Binding?????

Yes, it says binding arbitration. What does that mean?
Thank You, Amy

 

[HomeGuru]

Binding arbitration means that you gave up your right to litigate and must use the arbitration method of alternative dispute resolution. Instead of going to court, any dispute is handled through arbitration with an arbitrator instead of a judge. Once the arbitrator rules, the ruling stands and is binding upon the parties and can not be appealed or set-aside, hence binding arbitration.