Legal Question in Construction Law in New Hampshire

construction law

Signed contract with builder to have modular home installed 2005. Contract reads: All repairs to be done within a reasonable amount of time. All work improperly done shall be resolved by binding arbitration. Builder gave 1 yr guarantee..

Builder recently hired a sub contractor to finish work when i threatened to take him to mediation. Have kept records of all conversations with builders office since 2005. House is now in worse shape then before sub contractor came. Can I legally hire someone from outside to finish work. He also did work that was the responsibility of the modular company. The warranty with them was supposed to be given the day of the set, which then you have 7 days to get an inspection & all problems reported to them by registered mail. I did not know this existed until this year and have kept the envelope the warranty came in. What can I do so this does not happen to another person?


Asked on 12/30/07, 10:02 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: construction law

First, there is a big difference between "binding arbitration," and "mediation." Second, the "1 yr guarantee" provides certain rights and remedies. I would need to examine the document in order to advise as to the extent of those rights and the method for enforcement. The delay of two years may be an issue. Yes, you can hire someone to fininsh the work. However, getting the builder/contractor to pay for that work is entirely another issue. I suggest that you should consult with a lawyer who can more fully examine all of the facts, circumstances and documents in order to provide you with a well crafted course of action.

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Answered on 12/30/07, 10:16 am


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