What can we do about a builder who keeps pushing back the closing date?

Our original closing date was almost 5 months ago but the builder keep pushing the date back. As of today, he still doesn’t have the final date.We put down 10k deposit. Is it a good case if we sue him?

Asked on February 18, 2019 under Real Estate Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can sue the builder for breach of contract for failure to  complete the work by the date specified in the contract. Your damages (monetary compensation you are seeking in your lawsuit) would include costs incurred as a result of the delay in completion. If you hire another builder to complete the work, your damages will include the cost of completion. However, you will need to mitigate (minimize) damages by hiring a builder whose fees are comparable to other builders in the area. If you were to hire the most expensive builder you could find, you have failed to mitigate damages and your damages will be reduced accordingly.


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