Cincinnati, OH asked in Real Estate Law and Construction Law for Ohio

Q: Can a builder lock me out of my 100% custom home which I own the land and hold the insurance policy?

2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Construction Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: It depends on what your construction contract says about possession of the home. An owner of the real estate would normally be permitted to enter the home. Use the Find a Lawyer tab to retain a local attorney to review your contract and all the facts, and help you work out this dispute with the builder.

Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Construction Law Lawyer
  • Lancaster, OH
  • Licensed in Ohio

A: A contractor may be able to limit your access during the construction, but you should be concerned if the contractor is completely denying access. You should make certain that you are communicating with the contractor to gain access.

Possession of the property and moving your personal property into the home is a completely different issue. The contractor will want the final draw paid. Your lender will want a final inspection. Before either of those occur, you and the contractor will have to have an inspection with a punch list of items to correct or finish. Completing punchlist items, obtaining lien waivers can take time if subcontractors have to be brought back in to complete or correct certain items.

Make sure that it is not simply an issue of miscommunication. However, if you are communicating well with the contractor you should be given access. If access is denied that would be a major red flag.

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