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I recently had a home built and the contractor
failed to grade the land. There is no potential
flooding of the yard and drainage system issue.
Do I have grounds to walk away? Im not
satisfied with the project at this point.
Asked on April 23, 2018 under Real Estate Law, North Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
If he failed to complete a contract to spec, you could sue him for breach of contract: i.e. if the contract specifically stated the land would be graded and he failed to so do, violating the contract.
You could also sue if the failure to grade properly has caused damage to your property, such as through flooding.
But you personal satisfaction or lack thereof is irrelevant (unless the contract withthe contractor stated "satisfaction guaranteed"): either they violated the terms of the contract or damaged your property or you would have no grounds for legal action.