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

UPDATED: Oct 1, 2022

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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


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

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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