Legal Question in Construction Law in Florida

Construction Delays

I closed on a construction to perm loan in 7/05 for a house in Cape Coral. It is now 11/06 and house still not finished. Contract says ''the work shall be substantially completed within 150 business days, unless Seller is otherwise delayed''. No ''time of essense'' provision. Do I have a case for damages due to delays? The house has decreased in value, can I have builder lower price? What happens if I refuse to modify?


Asked on 11/14/06, 11:44 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Construction Delays

You may have a claim for delay damages depending on whether you can prove damages or not, or you may have a possible claim for rescission toget out of the contract, if that is what you want. Your rights will largely depend on the contract that you signed. Good luck,

Randall Gilbert

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Answered on 11/14/06, 12:25 pm


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