Legal Question in Construction Law in New Hampshire
Home warranty & Contract
We are 9 months into our new construction home and have several issues, we are still waiting for our land to be graded and hydroseeded, we have a punch list 4 pages long as well. In general the builder will respond to our letters but never follows through. We have hardwood floors that are cupped and need refinishing, we feel he should pay to have everything moved out when they are refinished, he wants to move stuff onto our (unfinished) deck and cover it with tarps! Also we have on our spec sheet (initialled by both parties) 2 things that were never done, can we force him to install these items? We also need to know if we can place a lien on some of the other properties he has for sale until he completes the work on our houe? We feel he is going to band aid our problems (we have exterior drainage issues) and we will be out of luck next year when we are out of warranty.....HELP!!
1 Answer from Attorneys
Re: Home warranty & Contract
The short answer to your question is that you generally can sue him for a breach of contract. However, once that process starts it often cuts off communication with the builder and might require you to hire another contractor. The law suit process is costly and time consuming.
It may be beneficial to hire an attorney and try to get everyone into a room to discuss the problems and work toward an agreed solution. The builder doesn't want a bad reputation, and you want a finished house. These are not mutually exclusive.
The key is to find a way to motivate the builder to get the job done without threats of legal action.
In order to more fully respond to your question it will be necessary for any attorney to review the contract, punch list, and all other communications between the parties.
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