How appropriately terminate a construction contract and collect damages
My wife and I and our two girls have been out of our home for almost two years following a garage fire and awaiting repairs. We hired a company named to do repairs and they’ve worked on home for over year and a half. I’ll try and make this short as possible: First, it took them almost 5 months to get the permits to begin any work and has been one delay after another after another since what appears to be fraudulent acts as well. When the permits were taking so long I inquired with the city as to why it’s taking so long. The lady told me she didn’t understand what the issue was because she kept telling the company what they needed to send her over and over until eventually doing so. The construction company had us give them selections such as backsplash tile for example, then as we’re waiting for those parts of the project to be completed they asked us again months later for the selections..I forward them the email giving them the selections. We met with them personally regarding paint selections and picked out in detail all of what we wanted..a couple of months later requested we give them the selections because it’s holding them up..this happened many times. They ordered lights and fans we had given them selections for, we dropped by the house one day and there was fans and lights there but not one of them was what we ordered..so yet another delay in reordering. They had given us credits for different parts of the job they didn’t have to do in which they kept the funds when we wanted to sue those monies for different parts of the house. They received money for items like appliances that we wanted to use and pick out it out and go buy it ourselves, they wouldn’t give us the money..they kept it. We were going to hire other people to do flooring work on tile and wood and they said ok but then wouldn’t give us the money from usaa they’d received for it even though they didn’t do the job. They wanted me to resign a contract with them for 173k which would’ve been for them doing all of the work I don’t want them to do..like the flooring etc. I did not sign that contract but they kept the funds as if I did. They failed the mortgage inspection at 50% even though received funds to complete way beyond 50%. They requested for extra supplements and other work that needed to be done directly from my insurance company..the insurance company made the two checks out to them and my wife for dual endorsement, the checks were endorsed and cashed though my wife and I don’t recall ever signing them. We asked them several times to clear that up for us if we happened to be overlooking when we did that..they didn’t respond. I asked 4 times, they never responded to that and the last time I asked them I received a response from an attorney. I asked their representation the same question twice to clear up the timeline for us as to when that occurred so we can move forward on the home and their attorney never answered it. I’ve asked them to please not enter the house given all that’s going on until we have some clarity on the situation and they’ve entered a few times and performed work we didn’t ask for nor was on the scope. We need the relationship dissolved and them taken off of the ability to draw from check disbursements from mortgage company who holds the repair insurance check.
We need back in our house this has been a nightmare for our whole family. We need this company off the contract and they owe us money within the contract guidelines and are in beach of contract..we’d like to also seek reimbursement from them for living expenses (rent, bills) we’ve incurred having to be out of our home due to their delays. Can you please please help me with this..if you’re unable to assist can you possibly guide me in how to do it myself? Thank you so much