Catskill build - many missteps - delays

[JC_General]

Jurisdiction

New York

I am building a home and have become frustrated with:

1. Being blindsided by mistakes not specified in bid document, requests for proposals and their associated costs that we had to pay
2. Having a verbal agreement that the project should be completed by Thanksgiving 2023 but now it's up in the air (estimated to be completed March - April 2023 as per communication 9/7/2023)

While money seems to be flying out of the door to cover costs to make up for the mistakes, we don't have the home completed and I am even questioning the completion time of Spring 2024. Due to the completion delay, I am having to pay for storage to house furniture we ordered (because we were told that the house would be completed by Thanksgiving 2024). Would it be legal to deduct these costs from the last check we cut to the contractor? From general research, it doesn't seem that people in my position (the people who want to construct a home) have much power to do anything but to be kind of held prisoner.

 

[adjusterjack]

Would it be legal to deduct these costs from the last check we cut to the contractor?

He can put a lien on the house.

Might even be able to delay the certificate of occupancy.

And certainly would sue you if it's a good chunk of dollars.

we were told that the house would be completed by Thanksgiving 2024

Probably unenforceable if it wasn't part of your written building contract.

 

[welkin]

I am building a home and have become frustrated with:

1. Being blindsided by mistakes not specified in bid document, requests for proposals and their associated costs that we had to pay
2. Having a verbal agreement that the project should be completed by Thanksgiving 2023 but now it's up in the air (estimated to be completed March - April 2023 as per communication 9/7/2023)

While money seems to be flying out of the door to cover costs to make up for the mistakes, we don't have the home completed and I am even questioning the completion time of Spring 2024. Due to the completion delay, I am having to pay for storage to house furniture we ordered (because we were told that the house would be completed by Thanksgiving 2024). Would it be legal to deduct these costs from the last check we cut to the contractor? From general research, it doesn't seem that people in my position (the people who want to construct a home) have much power to do anything but to be kind of held prisoner.

New York has very specific contract laws for home improvement and home builders. Much of the contract contents are the same for improvements and building.

New York state law requires that consumers receive a written contract for home-improvement work that exceeds $500. The contract must contain: the contractor's name, address and telephone number. the approximate start and completion date, including any contingencies that would change the completion date.

There are also different types of contracts:

• Lump-Sum or Fixed-Price Contracts
• Time and Materials Contracts
• Unit Pricing Contracts
• Cost-Plus Contracts
• Guaranteed Maximum Price Contracts

It is impossible to guess what the contract you have with the builder says or what type of contract it is or who would be responsible for the cost of delays and mistakes.

Take your contract to a local attorney for a review.

 

[zddoodah]

Would it be legal to deduct these costs from the last check we cut to the contractor?

It's not "illegal," but your and your contractor's rights and obligations are spelled out in your contract, which we haven't read. If you withhold money, you can be assured that some or all of the following will happen:

- The contractor will stop working on the job.
- The contractor will lien your property.
- The contractor will sue you.

The single most important thing you can do at this point is to document your issues in writing. It's possible that the contract requires such documentation and, if you don't, you may lose your right to a remedy.

You should also consult with a local attorney who handles residential construction disputes.