Legal Question in Construction Law in Minnesota

What recourse do I have?

My house is a 4 level split with the 2 lower levels unfinished. They were framed, insulated and have a vapor barrier on them. I hired a contractor to finish off the two levels with a bathroom, family room and a craft room. The contrstuction, per the contract was to be done in 8-10 weeks from the start. It is now 13 weeks and it is still not done and part of the craft room is not done with quality work, or to my satisfaction. The last payment is due upon completion. Do I have any recourse for them not finishing on time? The contract says what they can do if I don't do something, but says nothing of what I can do if they don't complete within the time limit. They did nothing for 4 weeks, would not return my calls or emails. They are waiting for a custom cabinet that has been on order according to them since the start, which that has not come in yet, but they finally did finish everything else yesterday (the craft room still not to my satisfaction). Can I hold onto the last payment for a while after the final inspection, or deduct something from the last payment? What can be done if I am not satisfied with the quality of work in one of the rooms? Thanks!


Asked on 6/08/06, 5:24 pm

1 Answer from Attorneys
Vincent W. King Vincent W. King, PA

Re: What recourse do I have?

In the absence of a liquidated damages clause, withholding $ for the delay is problematic unless you can demonstrate that you have out-of-pocket losses as a result of the delay (for example, hotel bills because you couldn't move back in, etc.). It would also, of course, make a difference whether the 8-10 week schedule was in writing in the contract, or at least in some document.

Withholding money because of defects in the work and while awaiting the cabinet installation is certainly within your rights.

Minnesota has a homeowner's warranty statute which may or may not apply to the defects. Here's a link to the statute. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2005/327A/ . As you can see, some of the notice periods are quite short, so you should pay attention to the timing of any written complaints you plan to send.

Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. We do not have an attorney-client relationship.

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Answered on 6/12/06, 3:57 pm


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