New construction issue

[NC Aggie]

Here is the description my Realtor gave me:
"Finish stairs with door at bottom, carpet, drywall, and paint $1000

Engineer costs to make beams safe and take out other columns $1000
(City has to approve also) This is the part that should have been done to provide me with the walls/outcroppings I wanted. As it was not, they cannot move the wall now since there is ventilation under it.

Re-design changes to kitchen, pantry, bar new drawings and plans $300

Solid Surface counter tops in all bathrooms $700"

Yes. It is 4-5 years sitting. I wasn't concerned for the concrete. I have two friends that build homes and they were not concerned with the foundation or concrete but you bring up a good point with the pipes. I will see what I can find out about the pipes.

At this point I have decided with the help of my wife who doesn't want to make waves and is fine with it that I don't need them to change what cannot be changed but would like to be compensated for what I didnt get by an upgrade or a discount. I will see what the builder is willing to do today.

Okay, it all makes sense now and based on this I would agree that it sounds like they would be in breach of your contract. Depending on the delay it may cause for them to correct, your idea of forgoing the correction and being compensating may be the best option.

 

[Zigner]

**A: good luck to you.

**A: I agree.

 

[HomeGuru]

Thanks man.

 

[crumb]

So the builder won't do anything for me. Not even refund me for a light switch they didn't use that I paid extra for. I wrote a letter and would like some feedback. Here is my letter to them I haven't sent yet.

I _____________________________ of xxxxxx xxxxxxx, LLC [Agree] / [Refuse] to make changes to the xxxxxxx's floor plan at lot xxx or otherwise compensate them for the differences described on exhibit 'A', 'B' and 'C' from what has currently been built as of October 29 of year 2011. Specifically the areas in question are the following:
1. The front window size in the 'Bonus Room' as indicated in exhibit "A"
- The window installed is narrower than what was indicated on exhibit “A” and also verified by xxxxxxx xxxxxxxx staff
2. The wing wall adjacent to the stairs leading down in exhibits 'B' and exhibit 'C'.
- The wing wall is shown as removed in both exhibit ‘B’ and exhibit ‘C’.

 

[tranquility]

I think your letter serves no useful purpose. I have already told you what to do.

You need to confirm they intend to breach. Google anticipatory repudiation. You can add Utah to the string as well.

 

[crumb]

I misunderstood you then. I thought I needed to send them a letter that describes the items that are in question and show that they wont remedy it. Wouldn't that show a breach. Or do I just need to use the word breach?

 

[crumb]

How about this:

The contract between you (xxxxxxx Homes LLC) and me (crumb) is currently in breach as a result of xxxxxxx Homes LLC not completing the items listed below as indicated in the contract.
1. The front window size in the 'Bonus Room' as indicated in exhibit "A"
- The window installed is narrower than what was indicated on exhibit “A” and also verified by xxxxxx Homes staff
2. The wing wall adjacent to the stairs leading down in exhibits 'B' and exhibit 'C'.
- The wing wall is shown as removed in both exhibit ‘B’ and exhibit ‘C’.
I demand assurance that these items will be built as specified in the exhibits or an agreement be made between xxxxxx Homes LLC and crumb to compensate for due damages.

 

[tranquility]

I cannot write the letter for you. But, there is no breach yet. You need to give a reasonable time for a response. You must ask for them to live up to the contract. You should list ALL the errors. Not just the ones you care about now.

If they fail to respond with written assurances the contract will be performed as written, you will explore your legal remedies.

Don't threaten. Don't offer negotiations. Don't talk with people on the phone.

You have nothing now. If they have been working on the home during this time, your rights to have things as you want get less and less over time. You will continue to have no negotiating power until you have something. You will not have something until the home is delivered, you get a letter stating they will not perform as demanded or they don't respond with written assurances within the reasonable time you set in the letter. (Because you have not acted quickly, I'd go with a longer time before requiring a response. The time will be reviewed by the court if you decide to sue.)

THEN you can talk. Every conversation can start "We all agree you are in breach, it's just a matter of coming to agreement on how much it will cost you."

 

[crumb]

Excellent. Thanks for your responses. I think I have it figured out.