I probably need an attorney, but I wondered if anybody has a similar experience.

I am building a spec home, a home to build, buy and resell. I signed the contract to build a home on my lot that I already owned on 8-31-04. The contract states they have 2 years to complete the home from the date the builder signed the contract which was 10-30-04. The contract is fixed price and included a pool allowance including cage and pool fence for $26000.

Since that time, the builder has NOT built my home. The price of the home has gone up $150K (if I was to sign a contract today) and I have noticed it has only been surveyed (two times) and I get the run around every time I call about it saying it is in permitting which is a lie because the permit applications in my county are online and no application has been made. My salesperson is no longer there and the VP of Sales will no longer respond to my inquiries via phone nor emails.

On March 31st, I noticed in the newspaper that they are asking for an administrative variance to fit the home on the lot. Tomorrow is the deadline, so something is getting done now.

I am wondering if they do not finish the home within the contract specs if they can charge me more? They are supposed to have the home completed by 10-30-06. The pool contractor is already wanting me to pay $7000 more and the builder said well we just agreed on an allowance for the pool. Of course the pool, cage & fencing 1 1/2 years ago was only $26000, now because the builder has not moved on my contract it is more expensive. I have to eat this?

This builder is national and is building houses all over my town, but not my home in this town. They know it was spec when they pre-approved my financing. Should I be treated differently because it is not a primary residence? Back then, they had incentives and lot prices were low, so I am wondering WHY they are continuing this charade knowing they cannot keep this contract commitment?!?!?

What should I do? Find a contract lawyer to review? I have read that this builder does not like press and will sue me if I try to sue them. I have not pressed the issue because I was building my primary residence which was completed in January. Now I am ready to get this investment over with!