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Custom Home Build - Contractor Won't Fix Anything & Ignores Us

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Florida

My wife and I built a custom home this last year. Worst experience of our lives by far. The builder went 2 months past the contracted completion date and we almost lost our interest rate lock. He eventually "completed" it and I provided a punch list of items that needed to be fixed (that he signed and initialed) to be done my April 1 2018. In addition to that there have been other things that need to be corrected as well. He no longer answers our requests or texts and has fixed NOTHING. Now he's stating the reason is that we still owe him $20,000. The next week he says we owe him $30,000. In reality he owed us money and when I presented that fact that he tried to double, triple and quadruple charge us for items in excess of $12000. We decided to call it even and just asked that the house be fixed to our specifications which he agreed to. He received his final draw and gave us the Final Release and Waiver of Lien stating he was paid in full and all subcontractors were paid in full. In fact, subcontractors are sending us invoices and owed more than $5000 still.

My questions are:

What do I do about the subcontractors? How do I get them paid?

How do I get our home fixed?

If we end up in small claims (can't afford a lawyer because of the amount of money we've poured into the house to make it right) is it a one shot deal or can I take him to court for items 1-5 then again for items 6-10 since small claims has a max limit allowed?

And IF we have a judgement in our favor for only a couple of the items (due to small claims limit) does that automatically absolve him of any further responsibility on the house?
 


adjusterjack

Senior Member
What do I do about the subcontractors? How do I get them paid?

That's between them and the builder.

How do I get our home fixed?

You hire somebody else to do the fixing and then you sue the builder for the cost.

If we end up in small claims (can't afford a lawyer because of the amount of money we've poured into the house to make it right) is it a one shot deal or can I take him to court for items 1-5 then again for items 6-10 since small claims has a max limit allowed?

It's a one shot. It's all about breach of warranty. That's one cause of action. You don't get to split it up to avoid the limit. The Florida small claims limit is $5000. You work within that limit or you file in regular court.

And IF we have a judgement in our favor for only a couple of the items (due to small claims limit) does that automatically absolve him of any further responsibility on the house?

Not for anything that's discovered AFTER the lawsuit.

Whatever you know about now has to be included in a single lawsuit.
 
That's between them and the builder.



You hire somebody else to do the fixing and then you sue the builder for the cost.



It's a one shot. It's all about breach of warranty. That's one cause of action. You don't get to split it up to avoid the limit. The Florida small claims limit is $5000. You work within that limit or you file in regular court.



Not for anything that's discovered AFTER the lawsuit.

Whatever you know about now has to be included in a single lawsuit.

Thanks Jack.. Looking online for Santa Rosa County they have a County Court ($15000 or less) and a Circuit Court (more than $15000). Are those separate from small claims? I didn't see anything for small claims on their site.

Also, I read that stating all subcontractors were paid by providing a final release and waiver of lien and then not paying subcontractors with draw money was diversion of funds and a felony offense. Is this true and if so now is it not enforced?
 

HRZ

Senior Member
Falsification of a lien waiver means you really do need an attorney who understands the area of law around mechanics liens .. I do not have any direct knowledge ...except this is not DIY area of law ..the subs may well be in line to get paid by YOU. ( Delt wth lien issues in a different state ...get counsel. )
 
HRZ,

How is a falsification of a lien waiver reported? It seems like NOBODY cares about this and he just gets away with it. This guy has been convicted in another state for the following:

CONTRACTOR - FRAUDULENT USE OF BUILDING CONTRACT FUND
CONTRACTOR-FALSE SWORN STM.
CONTRACTOR-FALSE SWORN STM

Who exactly has to report diversion of funds or falsification of lien waiver and to who?
 

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