Q: I just built a modular home on my property. I want to know if I should hold out on final payment until all "issues" are
I just built a modular home on my property. I want to know if I should hold out on final payment until all "issues" are satisfied i.e. things that don't work not finished to my approval etc. They expect full payment upon my moving in but what leverage do I have to get things done?
What leverage do I have to dispute charges on my construction bill?
How much detailed info do I have the right to ask for from them i.e. detailed costs of such things as the septic system which was quoted at $8K and cost $14k while I have a detailed quote from a competitor for $10k? Thank you for your help.
A: Newly Constructed Homeowner: The answers to your questions, for the most part, will depend on the contents of your Construction Contract with the contractor/installer. Your questions about "disputing the costs of tradespersons / materials" imply that you did not have a Fixed Fee contract but instead a Time+Materials or perhaps a Cost Plus arrangement. If was Fixed Fee then I can respond to that portion of your question (you have no right to delay final payment for the purpose of examining costs of tradespersons under a Fixed Fee arrangement), but if the arrangement was T+M or Cost Plus, then I'd have to review the contract and review the invoices, in order offer guidance. JIM GREER practices construction and real estate law in CO and CA, and offers this response as a courtesy only; nothing herein constitutes legal advice as the questioner and the responder are not in an Attorney-Client relationship.
Donald C Eby agrees with this answer
A:
As Mr. Greer indicated the answer to your questions will depend upon the contract. Your rights and advice as to how to properly proceed can only be given after review the contract and the facts of the issues.
However, generally, you have the most leverage to get any issues resolved prior to delivering full payment.
Good Luck
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