Legal Question in Construction Law in California
9 month construction delay
I put money down on a home in July of 2001. I was told the home would be done in January of 2002. The completion date is now September 2002. I have lost a lot of money because of this. The contract wording protects the builder in the event of delays. Do I have any recourse? Thank you.
3 Answers from Attorneys
Re: 9 month construction delay
What caused the delay? Since the contract covers the delay issue, you will have a tough time holding the builder liable unless you show he knowingly misled you. If the builder could not predict the delay he is probably not responsible. The builder might be liable if you can prove that when he told you the completion date was January, he knew that there was no chance this would be done.
Re: 9 month construction delay
You should have a qualified attorney review the contract to advise you on whether you can get around any disclaimers to sue.
D. Alexander Floum is an experienced attorney and teaches law to both practicing lawyers and law school students.
The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.
Re: 9 month construction delay
It's impossible to tell without seeing the language in the contract and knowing the circumstances surrounding the construction. For example, were there many unforeseen conditions that required change orders? Were there extensive weather delays? Or, on the other hand, did the contractor induce you into the contract by giving you an unreasonably short construction period?