First, contact the builder or your customer service representative and insist on making an appointment to tour the house without finishing with the project supervisor. In each room, ask what remains to be done and why it hasn't been completed yet (if you made a lot of last-minute change orders, you may be partly to blame). When you discover delays, the first thing to do is to contact your contractor or builder to learn more about delays. Ask to meet them at the construction site so that you can talk face-to-face and have them show you any problems in person.
When a breach of a construction contract occurs, a claim can be filed for monetary damages for losses. An Irvine construction dispute lawyer can provide assistance to plaintiffs in advocating for full compensation for all losses that occurred due to failure to perform under the construction contract. If a builder breaches a contract by failing to achieve a substantial completion by the specified date, the builder may be liable for the damages. In case the damages cannot be specifically determined, a liquidated damages clause may be added to clarify in advance the penalties for delay.
Liquidated damage clauses are usually enforceable as long as the amount specified for damages is considered a reasonable assessment of losses rather than merely punishing the infringing party. Closing your new home means taking on your mortgage payments. If you are still living in a rent or in your old home due to construction delays, you can extend the closing date to avoid paying for your current excavations and your unfinished home at the same time. This can save you a little money and help soften the blow of a long construction.
If you think you qualify for an extended closing date, talk to your builder. Builders usually specify the projected closing date in their construction contract and the absence of that date could be considered a breach. A month or more of construction delays can wreak havoc on your personal finances, so be sure to wait to close your home until it's completely finished. When the builder does not meet the delivery schedule, the buyer must write a complaint letter to the builder reminding him of the delay and the requirement for immediate delivery.
What words or protections would be necessary to put in the contract the builder's delays (not due to unusual circumstances) so that the builder is negligently slow. If the owner prefers a penalty for the builder if the work is completed after the certain date, then it is fair to offer an incentive, for an equal amount, if the builder completes all the work before the certain date. Under these circumstances, a developer or builder would normally not be liable for the consequences of a delay in the completion of the construction project because, of course, the delay would be beyond the control of the builder. In some situations (if you don't own the land and it's a construction package) you have the right to leave if the builder isn't complete by a certain date.