What to do if we are building a customer home and have had thousands in mistakes on roof line and the framer has aleady been paid?

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What to do if we are building a customer home and have had thousands in mistakes on roof line and the framer has aleady been paid?

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There are $70,000 worth of mistakes by the framer who the contractor paid in full. Are we resposible for this massive amount or is the contractor? His fee is $50,000 to be paid at the completion. This contractor also took his own home equity and credit card to fund an additional $93,000 instead of telling us of overages or the bank. Now we are $200,000 over. Banker found out about builder funding project and said he should shut the project down but if continued to fund would continue to release draws. Now do we owe this contractor his $93,000 he has in it without our consent and pay the $70,000 in mistakes?

Asked on October 12, 2011 under Real Estate Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there are perceived construction defects with the custom home being constructed caused by the framer subcontractor, the ultimate responsibility in getting these defects rectified lies with the general contractor that you have written about. I recommend that you carefully read your contract with the general contractor in that its terms and conditions control the obligations owed to you and vice versa in the absence of conflicting state law.

Given the problems with the home, I suggest that you first sit down with the general contractor to see how he or she intends to resolve the framer's defective workmanship and then confirm such in writing with him or her with a set course of action and time line.

If the general contractor's explanation for resolution of this dispute does not meet your satisfaction, you need to then consult with an attorney experienced in construction law.

Good luck.


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