We've been working with this contractor since Dec. Although he's been slow in giving us every thing we need to turn into the bank, we've been patient. We have a contract with him and have submittet it to our lender along with the paid and stamped blue prints and other fees.. We were only missing the Specs. in which he said he meet with us Fri. to give to us at 3pm(we are now in May mind you). He calls us at 1pm and tells us he can not go on with out project and is handing it over to another builder. The other builder saw the contract and said he couldn't do it cause he can't touch the price the other builder agreed to do it for. My husband has been working in Iraq to get this house for the family and was ready to come back home, this was like the final step before closing and to get this news was like, gosh, painful. It doesn't seem right? Does the contract stand for anything? What should we do?
2007-05-19 06:37:01 · 7 answers · asked by davenroni 2 in Politics & Government ➔ Law & Ethics
Personally it sounds like this was a scam from the beginning to me in the first place. If nobody else can even meet what the previous builder/contractor was promising, I would make an appointment with a title attorney and possibly save yourself any additional litigation. Pushing off a written contract to a sub-contractor is just a way for you to breach the contract and allow the other party out of it. If you have complained and added any changes and additional work loads to the original contract to begin with, it is you that is at fault when this would go to court. There is another area to consider, and that would be what the maximum allowed recovery that is allowed in a small claims court if you do sue. This figure would be all that could be recovered by law. I suggest that you look into that too as well. Good luck to you though.
2007-05-19 07:01:48 · answer #1 · answered by leonard bruce 6 · 0⤊ 0⤋
You have a contract, if he can not fulfill then you can sue him. Your remedy would be for specific performance or the increased cost to have builder #2 do the work.
2007-05-19 06:43:53 · answer #2 · answered by professorc 7 · 0⤊ 0⤋
Sue for specific performance of the contract.
2007-05-19 07:14:39 · answer #3 · answered by Mark 7 · 0⤊ 0⤋
you can sue for breach of contract it might take awhile as well but at least the problem would be solved
2007-05-19 06:46:40 · answer #4 · answered by getemgirl2105 3 · 0⤊ 0⤋
Sue him for breach of contract.
2007-05-19 06:41:17 · answer #5 · answered by scottp5657 3 · 1⤊ 0⤋
got to the origanal man/woman who gave ytou the contract and explain that unless its abaded by you will sue
2007-05-19 06:41:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
consult an attorney, they cant just break the contract.
2007-05-19 06:40:22 · answer #7 · answered by cakcynthia 2 · 0⤊ 0⤋