What to do if I’m having a home built and the builder is taking much longer than expected to complete the job?

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What to do if I’m having a home built and the builder is taking much longer than expected to complete the job?

I have a construction loan, so I am paying interest on all of the money that the builder has used. He constantly misses deadlines and won’t respond for weeks after a missed deadline. I’m worried that this process will drag on for years at this pace. If this continues can I get out of the contract and get my money back? The only timetable listed in the contract is in the Conveyance and Closing section and I’m not sure what it means. It says something about “7 months from footers”.

Asked on January 2, 2013 under Real Estate Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ok.  Let's start from the beginning.  First, your contract will be the document that governs all your actions here - your rights and liabilities - and you should take it to an attorney to review.  Footings are the structural members which transmit the concentrated loads of the structure to the soil. These members come in various shapes and sizes and are generally constructed of steel-reinforced concrete. The footings are generally a minimum of two to three times wider than the width of the foundation wall. In other words, they are the first things to go in to the ground when the house is being built.  So it sounds like the builder is in breach of the contract.  Speak with a lawyer.  Good luck. 


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