Legal Question in Real Estate Law in Florida
Builder in default - do I have any rights?
I am currently building a home. The builder stated in the contract we signed that the home would be complete within one year. The wording is as follows: ''Notwithstanding anything to the contrary contained herein, builder agrees to complete construction of the home on or before one year from the date of this agreement, subject peformance of buyer of terms of agreement.''
In short, it has been in excess of 15 months and our home is not done. The builder says that they aren't responsible for delays. The biggest problem I have is that the builder is currently building ''spec'' homes for their inventory and building these quickly - while our home seems to be at the bottom of their list (probably because they already got money from us).
Do I have any legal rights? Am I at their mercy? They will not give me any assurance of when the house will be done.
Thank you.
2 Answers from Attorneys
Re: Builder in default - do I have any rights?
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. If you do not agree, then stop right here, and do not read any further.
RESPONSE: The remedies for whcih you, as owners will be entitled will largely depend on the terms of the contract. Generally, the contractor would be responsible for delay damages, whch may include the increased time that you spent on rent beyond the one year term, plus other consequential damages resulting from the delays beyond the 12 month term. However, the contract may provide that there are no damages for delays, in which case you may not be entitled to delay damages. Thus the time for completion may be held to be just an estimate, and the completion time was not of the essence to the contract. There may be other ways to place a builder back on the fast track to building your home, but if you need assistance, then contact you may contact the undersigned or any other attorney that generally focuses on construction litigation. Yours truly,
Randall Gilbert
Re: Builder in default - do I have any rights?
If time was of the essence, and he has not completed within the year specified in the contract then he is in breach, and you have a claim for specific performance. Please call for a consultation 305-984-5748.
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