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What to ask for when there is a breach of contract

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ronwerk

Guest
I am in the process of building a new home. Our builder has had some financial problems over the past several months and I am starting to feel the effects of this. We singed a contract with him in may of 2000. We had closing in June 2000.. His contruction agreement states that the home would be done in 180 days (9 months)from closing with the bank? We are now over 12 months in to the project and I am really starting to consider legal action. Can anyone tell me what I should be asking the builder for to some how compensate us for any extra cost I have incurred during the delay, such as the interest payments I have been making.
I guess I'm wondering what I'm entitled to. I would like to come up with a plan and a couple of figures to run by him to hopefully come to some type of agreement. we are in PA
Thanks and any advise will help..

[Edited by ronwerk on 06-11-2001 at 09:50 PM]
 


R

ronwerk

Guest
HomeGuru
Thank you for the response. I want to hire a attorney, But I don't want to start paying someone else money and get nothing in return like I am with this builder. Do you believe I may be able to get something out of the builder
if I do hire a attorney? Will hiring a attorney delay this. And do I have any possible way of firing my builder?
Are these types of things going delay my home further?
Thanks I'm just really starting to get frustrated with this whole house deal and just starting to look for help to get it done. thanks again..
p.s. We have to move out of our rented home this weekend and the builder offered to put the garage door on and reverse the locks so him and I are the only ones that have keys. what to you think of this? should I take him up on it or put my stuff in storage and move twice?

[Edited by ronwerk on 06-12-2001 at 05:14 PM]
 
Z

ZALYX1

Guest
Ronwerk,
Currently in a similar situation and happen to have a consultation with my attorney on thursday ! I was supposed to be in around Christmas . I have no professional advice to give you, but I can give you my experience .GET A REAL ESTATE ATTORNEY, NOW !!!!!! If you do cut any deals with builder , do it on paper and get it signed ! Also check your contract. Mine states that if I move anything into house, garage, or basement, they can stop working immediately ( and legally). Also if it costs them anything by doing that , I will be responsible for their tab !
If house is far enough along and their is minor outside or basement work , you may want to speak to him about getting temporary occupancy and have an addendum to contract stating what and when he will finish the home.
At the very least. have a real estate attorney write you a letter stating your legal intentions if he doesn't complete your home by a given date. Attorney will obviously guide you on letter content. From MY experience , I would not even listen to any deals or b.s. from builder. I tried being nice , begging, demanding, yelling.... What I got from that is 20% more grey hair, indigestion, sore throat and an extra $ 8,000 of interest paid on my construction loan that doesn't come off my loan ! It's gone . Now I have two weeks to get out of my current home and my new one won't be done in time. Hence, a lawyer. Waited too long though. Wife is in tears. Take our advice- get an attorney now. No one needs to go through what we have !

Best of luck to you,

Irate Homeowner
 

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