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What are consequences and can you walk away from a contract if the builder doesn’t follow approved plans?

KansasConstruction Contract

I signed a contract for a zero step patio home. Here are change orders: Added a 1/2 bathroom in place of a closet. Added 3 small transoms in 2 bedrooms Added shower instead of tub in hallway bathroom Here are some issues: There’s a step leading out to backyard from back door of garage. Plan called for all drawer stacks in kitchen lower cabinets—builder unable to do since cabinets he ordered and installed came in 39 inches and drawers only come in 36 inches which leaves 1 ½ inch spacers on both sides…not cosmetically appealing. Plan called for 8ft arched garage doors. He installed 7ft straight doors. After some haggling he changed doors to 8 ft but still no arch. Plan called for 15 ft vaulted ceiling in entry way. He installed 10 ft ceiling. After blaming sub-contractor and more haggling he changed it. Plan called for upgraded granite counter tops. He installed builder grade. Plan called for stone over garage. He said plan is generic and just a guide.

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Nov 27, 2019

It's tough to decide one way or the other whether specific issues would constitute a material breach of the contract and entitle an owner to terminate the agreement. Ultimately, that would be based on a multitude of factors, most importantly the terms of the agreement itself (particularly any termination provisions) as well as the remainder of the circumstances on the job. With that being said, when a contractor has dramatically missed the mark on a number of contract objectives, it's possible that the owner would be entitled to terminate the agreement for cause. Though, an owner would still be responsible for paying for the work that's been done without error (and likely the flawed work, to some extent). If you're serious about terminating the agreement, it would be wise to consult with a local Kansas construction attorney. They'll be able to review the contract, circumstances, and any communications or other documentation then advise on how best to wind down the agreement.

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