I am in a dispute with a contractor regarding a new construction. The issues that I have are as follows: The block work in the basement is wet, the block work around the electric panel is wet, the brickwork on the house is poor (I had 2 union bricklayers inspect the brickwork and the lowest repair bid was over $20,000), 10+ doorways are out of plumb, there are patch marks on 80% of the walls that need painted, as well as, the first floor basement door only opens partially before it get stuck on the floor.
I am currently withholding the final payment, but it will not cover repairs. I offered to accept the final payment and fix the problems myself to no avail. It appears my only option is a suit. Most of the problems in my home appear to be cosmetic, and I'm worried that cosmetic damages will not hold up in court. I have already obtained an attorney, but would like more advice.

What does your contract say? If the contractor contracted to build a home to your specifications, then most likely that home has to be done up to your local building codes. If it meets code then you will likely lose unless the contract called for above code work. If it doesn't you will win.

It sounds to me like you have a decent case. Even if it is cosmetic stuff... you're entitled for your BRAND NEW house to look like a brand new house and be completely finished (unless your contract states differently).

I'm assuming that this contractor is licensed? Is he a member of any local builder's associations, better business bureau, chamber of commerce, etc? I'd start making calls. You'd be surprised how flapping your jaws can get attention. Contractors get a TON of their business by word of mouth (unless it's one of those companies that throws up whole neighborhoods full of spec houses).

As long as your atty is well versed in real estate and contract law I think if you follow their lead they should be able to get this settled for you.

Are the block walls below grade and were they tarred? Doors out of plumb but by how much?

Sounds like a fairly good law suit, will the contractors who looked at the work agree to testify in court about what was done wrong. That is the main issue what exactly did the other contractor do wrong that caused the problem.

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Originally Posted by ballengerb1

Are the block walls below grade and werer they tarred? Doors out of plumb but by how much?

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Yes the block walls are below grade. The main electric panel is as well, and is mounted on a pice of plywood that is soaking wet along with the block around it.

Did you specify that a gutter system was to be installed and a perimeter drain and sump pump? I am trying to figure if the contractor did something wrong or is it possible that you did noit require a drain and gutters.