Legal Question in Construction Law in Tennessee
I had a home built on a verbal agreement, I told the builder I only wanted to spend 200,000 max. It was suppose to be done in three months and it took one year. I paid checks along the way that totaled about 186,000. I lost my job prior to them finishing and me being able to refiniance my new home. I have 186,000 into the home. He claims I owe another 150,000. I can't borrow any additional monies now because I don't have a full time job. He's now asking for me to secure the debt in writing for his bank. If they would of got done on time I would of been able to get my loan and pay the remainder. My question is does he have anything to go after, after all its his fault he didn't get the job completed in the original time frame. And their never was a contract signed.
1 Answer from Attorneys
I am not a member of the Tenn Bar; I can only speak in general terms. This sounds like a situation where there is an implied contract for construction of the home. There may be a number of things that can occur here, including the builder placing a lien on the property for the amount of goods and services that he rendered. I strongly suggest that you retain counsel to sort this out. It could eventually get very encumbered and nasty.
Good luck!