Home builder breaches his contract to build you the quality home promised you have recourse. When you commission the construction of your home, you enter into a contract expecting a certain standard of quality. Unfortunately, there are instances where the finished home may not meet the expectations set by your home builder’s promises. If you find yourself in such a situation, it’s important to know that you have legal options at your disposal. This article delves into the common issues homeowners face when their home builders do not deliver the promised quality, highlighting various legal recourses available to you.
Identifying A Breach Of Contract
The cornerstone of your legal recourse is typically a breach of contract. When a builder fails to deliver the quality promised, they may have violated the terms of your agreement. When a home builder breaches his contract to establish a breach, you will need to demonstrate that the contract established clear expectations for quality, that the builder failed to meet these standards, and that you suffered damages as a result. There are many types of contracts ranging from express written contracts to verbal contracts.
Engaging With Your Home Builder
It’s often advisable to first address your concerns directly with your home builder. In some instances, the builder may be willing to correct the issues at no additional cost to you. Still there are other circumstances where the relationship with you and the contractor is now toxic and at an impasse. If you have a good relationship or not keep a record of all communications, as this can be important evidence if you need to take further legal action. It surprises people how text messages emails or other communications can be strung together to strengthen your case.
Legal Recourse Options
When a home builder breaches his contract and If the builder is unresponsive or unwilling to rectify the issues, you have several legal paths to consider. They root these options in different aspects of construction law and provide several mechanisms for seeking redress:
- Breach of Contract: This is one of the most direct forms of action. If a home builder fails to perform according to the terms of the contract, including not completing the project or delivering poor-quality work, the homeowner can sue for breach of contract. This suit can demand specific performance, or more commonly, seek monetary damages for the failure to fulfill contractual obligations.
- Negligence: Homeowners can bring a claim of negligence against the builder. This requires proving that the builder owed a duty of care to the homeowner, breached that duty, and caused damage as a result. In construction, this often relates to failure in exercising reasonable care in building practices, resulting in defects or safety issues.
- Breach of Warranty: You can pursue this if there is a breach of either express or implied warranties. Express warranties are specific guarantees provided by the builder in the contract. Implied warranties are unspoken, unwritten guarantees that are legally assumed in many transactions, such as the warranty of habitability, ensuring the constructed home is livable.
- Misrepresentation and Fraud: If a builder knowingly makes false representations to the homeowner, which the homeowner relies upon leading to damages, you can pursue a fraud claim. This involves proving the builder’s intentional deceit or significant misrepresentation of facts related to the construction.
- Strict Liability Claims: In certain situations, builders can be strictly liable for damages resulting from ultrahazardous activities or defects in construction materials, without the need to prove negligence and may even be forced to pay attorney fees.
Construction Law Attorneys in Tulsa
Dealing with a home that fails to meet the promised quality is undoubtedly stressful. However, by understanding your contract, gathering evidence, and exploring your legal options, you can take proactive steps to seek remedy. Remember that you are not alone in this process. Legal professionals can assist you through the intricacies of your situation. They can help you pursue the quality home you were promised.
Given the complexities of construction law and the substantial investment at stake, it’s wise to consult with an attorney who focuses in construction law. They can help you understand the specific laws applicable to your case. They can also evaluate your evidence, and represent you in negotiations or court proceedings if necessary. For personalized representation don’t hesitate to reach out to the Tulsa construction lawyers at Kania Law Office at (918) 743-2233 or online today.