Legal Question in Real Estate Law in Kentucky

Contract Dispute

I recently built a new home. The contractor now wants us to pay $40,000 more than the price in the contract. We don't want to do this but he is refusing to pay several suppliers and subcontractors. We can't close our mortgage

loan until lienwaivers have been signed. Per

our contract, we are going to arbitration soon.

I am afraid we will get a judgement against him and he will file bankruptcy. He has already threatened this. What can I do to make sure he pays his bills so the liens can be released?

Please do not consult with any attorneys in Princeton or Eddyville. I don't want his attorney to know we are seeking help from outside sources.(Please delete this)

Your help is greatly appreciated.


Asked on 11/30/98, 2:10 pm

1 Answer from Attorneys
Jeffery Hess Hawkins-Smith

Re: Contract Dispute

The question is, did you agree to any change orders or ask him or his subs to do extra work? Did you make progress payments along the way and did you get lein waivers each time? Was the contract an AIA form contract or the contractor's form? Hindsight is twenty twenty but the remedy to this problem was in the prevention by qualifying the contractor first.

Anyway, you need a GOOD construction law litigator. Don't settle for a generalist. If you are right arbitration is not a bad process.

Jeffery Hess

Hawkins-Smith

3309 Chuckwagon


Read more
Answered on 1/15/99, 9:01 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Kentucky