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How to rectify difficult situation?

PennsylvaniaConstruction ContractDefects

My estranged husband said he "didn't want to be married anymore" on my birthday in Aug., 2019 while we were one year into building our dream home. We both want the house so I made the builders aware of our situation and told them being that my name is on the construction loan etc. that I should be notified of all decisions made solely by my husband in regards to counter tops, cabinets, vanities etc. Initially, my husband said I could do whatever I wanted on the inside. Being the extremely frugal man that he is I was paying for everything cash out of pocket that I did on the inside (appliances, lighting, flooring, just to name a few.) My husband has done several things (just the opposite as planned) on the inside and outside of the home that we discussed. His current PFA makes it difficult for us to have any correspondence but the builders continue to ignore my requests to be notified of things being done being that we don't know who will be awarded to house. My husband recently had them install kitchen cabinets that were in a cherry when he knew we were trying to make the home as rustic as possible and I wanted barn wood gray. I already had a sample door ordered and he knew that being that he was with me when we picked them out. Of course he was worried about the cost and of course I said I was paying for it so why worry. He went ahead, ordered the sample door looking very dark cherry (looks horrible with the rest of the house) so I asked the builders of I could see it before they installed. They never responded to my text and when I stopped by the cabinets were installed along with stone that was to be used for the foundation and front entrance of the home that is now a fireplace and the front of the home had siding and the foundation remains bare. A mantel was also put up on the fireplace that was news to me. The builders said they will rip the cabinets out but I will have to pay for new cabinets and installation because thy were cut specific for our kitchen. With that being said, the problem would have been alleviated should they have just shown me the sample door. This is only one of many things that has been going on....cigarette butts, food and wrappers scattered throughout the house. For starters the house is in the woods and the food will attract rodents and more importantly I am allergic to cigarette smoke and we never allow anyone to smoke in our home. The house is still not finished and it has been more than a year. Weeks at a time no one would show up. Would this be considered breach of contract? Do I have a case? I reside in PA. Could you please shed some light on this extremely painful broken dream?

1 reply

Feb 4, 2020
To get the attention of contractors, subcontractors, etc. when they aren't listening to your requests - it might be helpful to remind them who's in control of the project funds. Withholding payment can lead to all sorts of payment disputes, and where possible, it should probably be avoided. But, reminding contractors and subs who's got control of the project funds and notifying them that payment will be withheld if instructions aren't followed can be helpful. It sounds like that message may have already been delivered here - but having a formal meeting with a contractor and reiterating that fact could be helpful. With that being said, if a contractor has been repeatedly failing to follow the project plan and project schedule, there's a fair chance they're in breach of their contract - at least to some degree. And, threatening to bring legal claims could also help to get a contractor in line. But, it could also create an even bigger rift - so that's a fine line to walk. If a claim does end up becoming necessary, note that this would ultimately cause even longer delays and price increases - and it's possible a contractor might even walk off the job. So, even if the contractor is in the wrong, legal claims might end up compounding the headaches the job has been causing. Just as mentioned above, it's important to take all considerations into account before deciding to proceed in one way or another. And, seeking out a Pennsylvania construction attorney to review your situation and advise on how to proceed would be valuable. As a final note, it might also be worth pursuing a resolution where only one of you has control over the project. Meaning, reaching some sort of agreement with your estranged husband could really help smooth things out with the contractor - if they only have one voice to listen to, it's less likely issues will persist. And, while it may be hard to communicate due to legal complications, communicating through attorneys could help things here, too.
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