Legal Question in Construction Law in Wisconsin
Builder not living up to contract
Our home was supposed to be done on 3-31-03. We moved into the no done house on 6-13-03.The ''major'' items have been completed.There still are some finishing items not done.In the 3 months living in the new house we have a roof leak, gas leak,& water tub leak.My husband & I have had to deal w/some of the sub contractors directly.Our contractors wife had some type of breakdown & bills were not being paid at one point in this process.Also the builder refuses to give us invoices requested & that he had agreed to in the contract.We do not trust him, I have caught him in 3 major lies & called him out. My question: We are holding some money from his payment. He is quoting the contract that states we can't hold money for ''finishing work'' type reasons.What about the fact that he did not meet his end of the contract in getting the house done & providing us with invoices requested?We are going to notify the Better Business Bureau for Wisconsin when this is done.We don't know if we should just pay him & get him out of our hair & hire someone else to do what should be done or make him do it.What do you think?
1 Answer from Attorneys
Re: Builder not living up to contract
Greetings,
This is a difficult question to answer without reading the contract, talking to you, and learning more facts. I will just give you my impression, but it is not legal advice so dont rely on it. It seems like an option legally may be to tell him to finish and he will pay or you will hire someone else to finish and he is off the hook. If he doesnt like that, then he can sue you. Whether that works or not depends on the language in the contract he is citing, any other language in the contract about defaults, etc., and state law. Best wishes, Mark J. Mahoney 920-984-4529
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