On September 25 of 2007 I entered into a purchase agreement with a contractor for a house he had built and was selling. The contract included a list of items to be completed, a provision for a 1 year builder's warranty (with no exclusions in the contract), and a closing date of November 2nd.
The builder drug his feet on many of the issues. We amended the contract to move closing out in order for him to get things done. Eventually, we closed on the house with an agreement that some of the items would have to happen after closing (due to him not getting things done).
Of course, many things ended up not being done.
On top of that, now some issues have happened that should fall under the builder's warranty (again, no exclusions to what was covered was included in the original contract).
The builder was setup as an Arkansas corporation which as now gone defunct.
The builder, in my opinion, has committed gross negligence in upholding the original contract, performing the tasks outlined in the contract, and honoring the warranty. The question is, in this brief explanation (and can provide a lot more details), is this enough to pierce the corporate veil? I'm trying to wrap my mind around this concept and see if I have a chance in court (if I decide to pursue).
bwor
The builder drug his feet on many of the issues. We amended the contract to move closing out in order for him to get things done. Eventually, we closed on the house with an agreement that some of the items would have to happen after closing (due to him not getting things done).
Of course, many things ended up not being done.
On top of that, now some issues have happened that should fall under the builder's warranty (again, no exclusions to what was covered was included in the original contract).
The builder was setup as an Arkansas corporation which as now gone defunct.
The builder, in my opinion, has committed gross negligence in upholding the original contract, performing the tasks outlined in the contract, and honoring the warranty. The question is, in this brief explanation (and can provide a lot more details), is this enough to pierce the corporate veil? I'm trying to wrap my mind around this concept and see if I have a chance in court (if I decide to pursue).
bwor