Legal Question in Construction Law in Colorado

Construction delays

I have a house under construction-date of completion 3/1/04 per contract. It does not look like it will be finished until 5/1/04. At this point our situation has changed and we are to be transfered out-of-state for a new job next spring. We would rather just sell the house that we're building rather than only live in it for 6mo before we have to move again. Do we have any recourse with the builder for breech of contract? Can we fire our contractor and stop the building process while we sell the house so we don't incur more costs?

Kate


Asked on 2/23/04, 11:24 am

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Construction delays

Your rights should be spelled out in the construction contract if you signed one. What remedies are available when the builder defaults, which has not ocurred yet? If you are certain the builder will not complete the building on time, you can seek remedies based upon an "anticipatory breach" but I strongly recommend that you have an attorney review the contract.

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Answered on 2/23/04, 1:53 pm


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