Builder is withholding keys

HU-925329097

3 years ago

Can a home builder with hold keys if we

cant agree on final draw. ?

Featured Answer

bry911

3 years ago

@HU-925329097 - I think you need to consult with an attorney before you do anything else. Whoever produced the buildable plans had a duty to ensure that all measurements were correct, rarely would a builder have a duty to verify measurements on plans that they didn't produce. If there were contradictory numbers you might argue that they should have sought clarification, but their counter is going to be they had no duty to verify and therefore it wasn't their job to catch the error.

In my experience the builder is going to win this and your best bet is to try to negotiate a lower amount. Of course, I am making a lot of assumptions on the details I don't have and your particular situation may have nuance that will change that.

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In every state it was always your property, even if you haven't paid the builder a single cent. A builder may have a clause that doesn't allow the owner access to the home during construction, that still doesn't give them the right to keep you out, it just means that your entry on the property would be a breach of contract, I doubt that many courts would find that a material breach, but it is possible.

However, the builder's biggest tool to encourage payment is a mechanic's lien. Mechanic's liens are very easy to get, but harder to perfect. In other words, there is a good chance that you are going to get a lien on your property even if you don't believe you owe the money. The builder then has some period of time to perfect the lien. Perfecting a mechanic's lien is not easy and it can be quite expensive, but if/when perfected your home is in foreclosure, which most people just pay rather than have their home foreclosed on.

Again, consult with an attorney in your area, who has construction experience. I suspect you might be better off paying the contractor and suing him for breach of contract for the driveway than allowing him to get a mechanic's lien.

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Comments (15)

rrah
3 years ago
What does your contract say?
HU-925329097
Original Author
3 years ago
Its says all change orders have to be paid, final draw signed problem is he owes us concrete driveway, and wont agree on the amount we have on estimates to withhold and he wont sign until we sign a much lesser amount. if hes really coming back to do job he shouldnt care if amount is higher. live in ohio its been 15 month build for 2800 ranch
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bry911
3 years ago
last modified: 3 years ago
If it is your land, it is your house at every stage of construction. Builders may write access clauses into contracts, but the owner still has all rights of ownership, even if it breaches the contract.

The recourse for nonpayment is a mechanic’s lien, not illegal possession.
HU-925329097
Original Author
3 years ago
Ok good. it IS my land . Does that apply even in Ohio? do you happen to lnow a code or section of law thay supports your theory?
dan1888
3 years ago
last modified: 3 years ago
Have a locksmith assist you. If you give the Builder a check, include Full and Final Payment on the reverse.
just_janni
3 years ago
Your closing attorney can work to negotiate a final draw amount. It should cover the cost of a driveway and no more (the undone work) so that you could get it elsewhere if necessary. Your attorney should help here - get another estimate of the cost of a driveway, have attorney withhold that amount in a letter.
PRO
Charles Ross Homes
3 years ago
Are you able to get a permanent certificate of occupancy without the driveway? Are there HOA requirements for the type of driveway you need to install?
HU-925329097
Original Author
3 years ago
I have the copy of CO and own the lot no HOA
HU-925329097
Original Author
3 years ago
Im going to pay the change orders , he

is adding bogus change orders for work he did that he did not give estimate for ( dim dimensions were wrong on the drawing and they kept building anyway without getting clarification. Hence kitchen was 15” smaller and they had to re do now at last minute hes trying to charge us for the rework.
cpartist
3 years ago
What does your attorney say?
HU-925329097
Original Author
3 years ago
Which is exactly what i did ok thank you sir
HU-925329097
Original Author
3 years ago
I would like the credit due back to us

so were gonna ask for it tomorrow
HU-925329097
Original Author
3 years ago
The cobcrete is part ofbthe co tract he has not done or even mentioned he thinks we forgot he owes us a credit for work not done OR we can withold that amount of final draw but rather have him take what je owes us off of the change orders and then we can realease all monies and not have to ever see him again
HU-925329097
Original Author
3 years ago
Paint on front abd rear porch, gutter install on rear pirch (1) , paint front abd overhead door , install light post