Posted by Rhonda Skansi on 1/8/07 12:36am
Msg #169798

OT/ Kind of

I hear alot on this board about liability a notary might have if something they have done might cause somebody to lose their rate lock. Well, we are building our first house and our builder has really drug his feet on our home, he is way overdue - going on 2 years. The contract said he would build it in 267 days and it has been WELL over that. We might lose our rate lock now because of this. Anyone got any suggestions on what I should do or any opinions?

Reply by Susan Fischer on 1/8/07 2:08am
Msg #169802

Get a good Construction Law lawyer. n/m

Reply by LawrenceOK on 1/8/07 8:10am
Msg #169809

The first person to contact is the lender. Let them know in plain language that this has gone as far as you are going to allow. Let them know also that you plan to file suit within so many days if no action is taken. You need to get tough and stand your ground with that builder.

Reply by Pamela on 1/8/07 8:43am
Msg #169816

Rhonda

Hope this helps:

http://www.lni.wa.gov/TradesLicensing/Contractors/HireCon/Resources/default.asp


Pam

Reply by PL on 1/8/07 9:13am
Msg #169819

What does your mortgage broker say?

Also why have you hung with a builder that either is very slow or borders on the incompetent? Now that home building has slowed there seems to be a slew of construction types hanging around, you might want to get a few referrals from some friends and find someone to finish the project. Good luck.

Reply by ColleenCA on 1/8/07 9:29am
Msg #169822

Re: What does your mortgage broker say?

Three years ago we did a major remodel to our home. I insisted that in the contract there was a clause stating that if the contractor didn't finish the work in the alloted time frame that we would deduct 500.00 per day from the balance due for each day over. They didn't finish on time, we deducted 500.00 for every day over and we ended up deducting 3500.00 from the balance due. It was the only thing that made them wake up at the end and get our job done. We are now having our kitchen completely gutted and remodeled and I did the same thing again. I wouldn't approach any construction project without it. Also, don't forget the Mechanics Lien.

Reply by John_NorCal on 1/8/07 11:47am
Msg #169841

Re: What does your mortgage broker say?

**Also, don't forget the Mechanics Lien. **
Not sure what you mean by that Colleen since that is to the benefit of the builder. But I agree with your approach. On most major construction jobs there is a performance guarantee written into the contract. I sure wouldn't wait for 2 years for someone to build my home either.

Rhonda needs to see a lawyer to see what remedies she has if any at all.