Fort Myers, FL asked in Civil Litigation, Construction Law and Contracts for New York

Q: I need advice on pursuing a breach of contract by a modular home contractor.

In August 2018 I signed a contract for production of a modular home. The contractor required 10% down to obtain the design and guarantee cost of home. Over the past 3 years we have dealt with multiple issue. I have come to find out that the delays were mostly lies on the part of the contractor. The modular company never received the money to start the production of the house. The 10% is $96,000 and only $2000 of that is accounted for as payment for the plans and state approval. I have been waiting 3 years for a home, spent an additional $36,000 for the excavation, and mason work, and many other additional costs such as rent for the past 2 years. ( I sold my previous home to pay for this home)

Where do I go from here?

1 Lawyer Answer
Mathew Paulose Jr.
PREMIUM
Answered

A: Greetings. It appears you are unhappy with the progress of your modular home construction. In New York, disputes between modular home vendors and buyers are governed by their written agreement. The agreement will have provisions concerning performance, time, and, often, disputes, which may have to be arbitrated or mediated. Please take your agreement to a good New York attorney so that it can be reviewed and what if any next steps can be taken.

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