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What actions can I take against a developers delays costing me interest?

I am building a house and it was ready to move in a month ago. The developer for the subdivision did not have the asphalt or gas completed which has delayed us for a month costing me $4000 more in interest with my lender. Can I go after the developer for this interest?

1 reply

Sep 26, 2019

Ultimately, it may come down to what's in the contract. If a developer breaks their agreement with their buyer, and then that buyer suffers damage (like a high interest penalty), then the buyer might be entitled to compensation for the damages they suffer resulting from the developer's breach of contract. Though, if the developer hasn't breached their contract, then it might be hard to successfully argue the developer should pay for interest their buyer incurs. Note, though, that it's probably worth discussing the issue with the developer first to try and sort out the issue. No one will willingly hand over thousands of dollars, and there's a chance it might even take legal action - like traditional litigation or small claims court - to recover payment. So, before it gets to that point, it's probably worth exploring whether the issue can be worked through, whether there's some reasonable compromise to be had, or if there are other circumstances in play. But, if the situation continues and there's no resolution on the horizon, it might be worth consulting a local Utah construction attorney so they can review the relevant agreement and circumstances. They'd be able to take account of all the different factors at play and advise on how best to proceed.

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