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I am hoping for a bit of help on an issue I have with a builder on a home that was recently purchased. There are a number of open items on repairs that need to be made - some minor and some not so minor. The home is still under the builders "warranty" yet any open issues are being done sub-par by subcontractors or not at all. The builder is basically dragging his feet on the repairs. I am wondering what my course of action is here - beyond a lawyer. Also, if I do have to go this route do I look for one with a specialty?
The home is still under the builders "warranty" yet any open issues are being done sub-par by subcontractors or not at all. The builder is basically dragging his feet on the repairs. I am wondering what my course of action is here - beyond a lawyer. Also, if I do have to go this route do I look for one with a specialty?
Before you try a lawyer, I would write a letter to the builder, have it delivered certified mail, explaining the steps you plan to take if he does not take care of the problems you have. File a complaint to the local BBB. Also contact the local builders association(if this guy is a member).Then call your state agencies that oversee fraud and see about filing a complaint against them. If that doesnt get a response at all, then I would call a lawyer and have them send a letter. Good luck!
yes i agree with above posters. if nothing works, file suit, get judgement for work done by someone else, file lien if you have to.
but put that in your letter to the builder beforehand. i work with builders and they just need a kick in the ass to get working, most perform after a few threats. keep an eye on em while they are around.
Before you try a lawyer, I would write a letter to the builder, have it delivered certified mail, explaining the steps you plan to take if he does not take care of the problems you have. File a complaint to the local BBB. Also contact the local builders association(if this guy is a member).Then call your state agencies that oversee fraud and see about filing a complaint against them. If that doesnt get a response at all, then I would call a lawyer and have them send a letter. Good luck!
Thanks for the info. I have written so may letters to the builders but no by certified mail. I have faxed them and have a number of emails. Is a certified letter needed? Also, about the builder/contract assoc how does this work? I briefly viewed the website and it appears to be a trade association.
Thanks for the info. I have written so may letters to the builders but no by certified mail. I have faxed them and have a number of emails. Is a certified letter needed? Also, about the builder/contract assoc how does this work? I briefly viewed the website and it appears to be a trade association.
In addition, you should contact the warranty company. In NJ, there are six approved warranty companies. Find the warranty document, and see if your items are coverred by that warranty. Let the builder know that you can call the warranty company to deal with the issues, but that you'd rather not have to. He'd likely rather not have you do that either. Odds are the builder is busy trying to focus on what he sees as bigger issues, like building new houses for some new clients. Often, repairs on houses he already built get pushed to the back burner because those repairs don't make him any new money. He just needs a reminder that he promised you a certain product and a certain quality of work, and that if the work he promised you he would do is not done RIGHT, his reputation & business might suffer. He doesn't want that.
All these things are true to a certain extent.
But, lets backup a bit- The contract you signed. Was there a binding arbitration clause? Was there a clause about a "punchlist" at the time of closing? Would it be handled in a certain amount of time after the closing, or before closing?
If it was before closing- Why did you close? If it was a specified amount of time after closing (and we all assume that that time has past), and your complaints have basically gone unanswered- start the arbitration ( if you did agree to that) now!
There is no better feeling than getting a H/O signed off- believe me , I know! Signed off at closing is the best way to get a H/O out of your hair for about 11 months (I don't mean that in a bad way- it's just the nature of the beast) before starting the one year follow-up.
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