Legal Question in Construction Law in Texas
home building contract
I went into a contract to buy a home with a home builder and they are making several mistakes. First, I asked for elevation A on contract and got--name removed--instead. They said that I changed my mind. Then they never give prices for upgrades and they keep increasing the price when they add it to the contract. Furthermore, the sales mananger of the builder is so frustrated with me, because i am allegedly changing my mind so much, that he is about to tear up the contract. They are very rude and they said if i bother them one more time they will tear the contract. what should i do? i want to file a civil suit after the house is built.
1 Answer from Attorneys
Re: home building contract
Part of your question appears to be garbled, so I can't fully respond. Nevertheless, I suppose the first question I have is, "Are you, in fact, making a lot of changes?" Cases have held that, at some point, too many changes will constitute an abandonment of the contract. Too many changes can also disrupt the scheduling of the construction creating substantial delays and cost increases.
Usually, however, change orders are a normal part of the construction process. The owner requests the change, the builder should give a price for the change and it must be reduced to writing in California. It's simple enough to get a price when you request a change. Simply say that you can't approve the change until you receive a written price for it. Even though the law says that you should receive a written price for the change, the courts still expect an owner to pay for changes when they've been requested even if it wasn't reduced to writing. I suggest doing everything in writing from here on out.