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GC missed deadline

I signed a contract for a custom home to be built. Contract was signed in June of 2019 with wording in the contract of completion "on or about" 6 months. This is in Virginia. It is now coming up on August and the punchlist is still not complete but I am living in the home. Because of their delay, I had to stay in my home that I was going to sell, paying mortgage/utilities/ taxes etc. There are many other issues, too many to list here but I also wonder if I have any recourse when I repeatedly asked them to notify if I was going to go over the estimate and then they sent me a final invoice that put me over 40k over their high end of the estimate. An estimate that I was assured had a pad in it. So I guess I am asking if I have any standing for a possible breach of contract for the delay and/or fraud for the overcharging?

1 reply

Aug 11, 2020

If your contract has gone far beyond the project schedule, then delay claims or a breach of contract claim could absolutely be on the table. The same may be true when the price has gone far beyond the initial price or budget. Regarding a potential fraud claim - unless the contractor lied about the price or schedule with the intention of drawing the project out and overcharging, a fraud claim wouldn't hold much water. It's extremely common for construction projects to go beyond schedule and over budget, and they often do for perfectly valid reasons. So, I'm not sure that'd be a claim worth pursuing. In any event - if you're thinking about pursuing legal claims against your contractor, it'd be wise to consult a construction lawyer. They'll be able to review your circumstances and project documents, then advise on the best steps for moving forward. You can begin the search for a VA construction lawyer, here: Top Virginia Construction Lawyers.

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