Legal Question in Real Estate Law in New Hampshire

What's my recourse if builder misses contract date?

I am building a house in a new development. We signed a contract stating that the house would be finished on or before 150 days from the sign off on plans. Plans signed on 9/6/02. I have concerns they will not make the date (it's taken them over 5 weeks to frame the house and the roof still isn't on). After re-reading the contract I cannot find anything that outlines ''penalties''. If the builder misses the date, are they in breach of the contract? If so does it seem likely then I could expect my deposit back?


Asked on 12/16/02, 9:28 am

1 Answer from Attorneys
Roy Weddleton Granite Law

Re: What's my recourse if builder misses contract date?

Probably not much recourse unless you put in an absolute date and penalty;the builder can say there were a number of factors beyond his control that prevented him from finishing on or before the anticipated date. If you have to be in your new home by a definite date because you are selling your existing house, put the builder on notice so he knows you might incur damages as a result of his not completing when anticipated.

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Answered on 12/16/02, 11:04 am


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