What re our rights regarding a home that is still unfinished after 10 months?
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What re our rights regarding a home that is still unfinished after 10 months?
We are 10 months into our building contractor and the builder has been delaying each step. Materials are in and we have made multiple calls with no luck. We have spoken to the corporate office and have been promised work would be done but still nothing. We want to know what we can do to get the home completed since we have been paying the full mortgage on it.
Asked on October 17, 2016 under Real Estate Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Assuming that the deadline set forth in your contract with the contractor/builder has elapsed, you can sue the contractor/builder for breach of contract for failure to timely complete the construction of the house.
Your damages (monetary compensation you are seeking in your lawsuit for breach of contract) would include costs you have incurred due to the deadline for completion of the house having elapsed such as the mortgage payments you have been making.
An alternative to seeking monetary damages in your lawsuit for breach of contract would be the remedy of specific performance. Specific performance would require the contractor/builder to complete the work on the house pursuant to the contract.
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