Tracy, CA asked in Real Estate Law for California

Q: Home builder is delaying key handover date which create issues. Can we sue the builder for not meeting the deadline?

We were suppose get out house today but the builder called and said it moved till Monday. This is created lot of unnecessary chain of events. Like we had to move the delivery dates, take additional day of etc. beside that we the home has an attached rental unit and they are suppose to move in tomorrow. Now that can’t be done either.

Is there anything we can do to make the builder pay for our loss of time and unnecessary stress?

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Mill Valley, CA
  • Licensed in California

A: Very unlikely that it is worth pursuing, because the general standard applied to construction contracts is "substantial performance". However, take a look at your contract. If it says "time is of the essence", or provides for damages for delay, or makes a very specific guarantee or warranty of on-time completion, you are in a much better position. If not, or if the contract is too confusing, and you still want to pursue it, pay an attorney for a consultation and document review to get a detailed, reliable opinion.

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