Recap - Due to continuing lack of progress (and bad progress) by the builder (14-3/4 months from contract now) we felt forced to hire an attorney to try to get the house done.

He sent the builders a letter outlining 28 items, which need to be either fixed or completed. Below is the important excerpts from the letter:

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The XXX’s hereby demand that you complot all of the foregoing items listed above and secure a CO on or before June 30. The XXX’s further declare June 30 to be the law date under contract, with time to be of the essence with respect to the completion of their house. If you fail to complete the house pursuant to the list set forth above, as well as any other requirements to secure the CO, and secure the CO by June 30, you will be deemed in breach of contract.

If you fail to timely complete construction, my clients intend to hold you and your firm completely responsible for both the costs to remedy any defective or partially completed work performed to date, as well as any increased cost to the XXX’s to hire another builder to complete this project in accordance with the plans and specifications.

Lastly, as you are aware, completion does not absolve you from your continuing warranty obligations following completion.
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Since it is now June 29, I can say with certainty that they will not make the deadline. The final electrical sign off is also required to apply for the CO, which they do not have.

They have refused to replace the front walkway, which was poured on the dirt, even though the contract requires it to be poured over 4-6" of crushed compacted gravel. They will not paint the interior doors, which is also stipulated in the contract. They can't get the siding guy back to fix all the defects before Monday, etc. etc. etc. This info was gathered from our site foreman, who happened to stop by the house yesterday while I was there.

The “builder” has not contacted us regarding the letter or completion of the items on the list.

We are sitting on pins and needles over what will happen tomorrow. Anyone like to hazard a guess?

Michele
(Paul's better half)