You need a construction lawyer, not a real estate lawyer

Nothing you've listed sounds like a winner in a court room, however, that won't stop a lawyer from taking your retainer. You had a position of strength before closing; you don't now. Lick your wounds and move on or continue the bleeding with an attorney.

They might have a case as long asthey have everything in writing

You didn't see the framing, or anything else AS it was being built? There was no walk through at closing? No tracking of cost and selections and upgrades or credits in the process of building ? You closed on the home.....why?

I'd call it "over" at this point, with a spec builder of low to medium quality at best.

Sometimes the licensing agency for your state may have the ability to settle disputes. Our local licensing board has investigators, and a fund for homeowners who have been taken. (They also them take licensing action as needed)

And depending on the contract, the documents (like the ones that were submitted to the business department that are FOR CONSTRUCTION) you may have a case. A consult with an attorney isn't a bad investment

" We found ourselves in a bind until we reached out to a fantastic lawyer specializing in construction law. "

Let me guess @rachel rees you will come back with just such a lawyer recommendation....................

I remember when it was legal to advertise cigarettes on TV but not legal to advertise attorneys. Those were the good old days....

The OP specifically asked for an attorney recommendation. Unless Monica is some fake, why is it a problem that someone else noted that they had some results with a construction attorney?

why is it a problem that someone else noted that they had some results with a construction attorney?

Because the person who posted that is very well known as a spam-editor. Posts a reply and then returns (in limited time period) to edit the post and add spam. ETA: post was indeed edited with spam, and post is now removed.

@JAN MOYER We sold our house and were at the mercy of the builder. When we questioned everything at closing he threated with a breach of contract for not closing on agreed date and having us pay for his holding costs. My father in law also died 3 days before the set closing date so we were dealing with those arrangements. my mother in law was hospitalized for a week before that--so we were handling my father in law's severe dementia on our own along with trying to get the house closed.

Builder would not allow anyone but my husband and I to do the walkthrough --2 hours before closing and would not budge on doing it earlier. We were living in a hotel for the last 2 weeks and were under extreme stress. we were not thinking clearly. the thought of losing everything we invested in because we didnt close on time was too scary so we closed. Our attorney said to close and go after him later and this is the result.

And you have no real case, unless you want to lose more money paying a lawyer than you will ever gain from taking a builder to court. The only possible recourse is if the disputed sum in small enough to represent yourself in small claims court, and you take off of work and spend time and effort preparing your case for that.

Minardi - that is not necessarily true. Most (if not all - I haven’t researched this topic in all 50 states) have enacted statutes covering residential new construction + residential renovations/services. The statutes generally require work to be completed in a good and workmanlike manner ( in my jurisdiction = in compliance with all applicable laws/codes/manufacturer’s specifications/industry standards/etc.)

If OP’s house was not constructed in accordance with plans/specs (material deviations), unless OP agreed to amend the plans (in writing), then OP may also have a claim for breach of contract.

If the builder used debris from the demolition of a hospital that would not be considered “acceptable” fill material = OP could also have a claim for negligence (in addition to other potential claims).

OP’s contract may contain an attorney’s fees provision = if OP prevails on claim, builder would be required to pay legal fees (and expenses - these clauses usually are broader than just legal fees). Also, the statutes I’ve referred to above typically contain an attorney’s fees provision - otherwise, it would be cost prohibitive for a homeowner to avail himself/herself of the protections contained in the statutes.

OP also should contact the consumer protection agency within his/her state.

The above is applicable regardless of whether this is a spec builder of lower cost homes or a custom builder who specializes in building homes with values of $5 million+.

Without knowing all of the facts related to OP’s build + reading the applicable contract provisions + researching applicable state law(s), even an attorney (licensed in the appropriate jurisdiction) cannot make a statement that the OP has/doesn’t have a case against his/her builder.

None of that pays the up front legal bills, which is a considerable expense, and barrier. And that is why builders do not end up in court. You have to spend $1 to get a dime, and all up front.

The law this and the law that; it's all meaningless compared to your position of strength.

The lawyer for Scottie Scheffler, the pro golfer recently arrested, has told the prosecution to drop the charges, no negotiating, or he will see them in court. That's a no-bluff position of strength. I'm betting the prosecutor folds.