Is builder obligated to provide what is in the building plan?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is builder obligated to provide what is in the building plan?
We are building a home and have signed our contract. We verbally requested
several times for a bedroom in the partially finished basement to be framed, we
would potentially finish it later. The contract does not specifically call out
the bedroom being framed but does call out the rec room being finished. The
floor plans outline the bedroom and have dotted lines around it which are
specified that they mean they will be framed. So, the plans reflect our request
to be framed although it is not specifically called out in the contract. Now,
the builder is saying it will be an additional 1200 to fram the bedroom. Do we
have any rights based on the plan?
Asked on November 8, 2017 under Real Estate Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
When you have a signed, written contract, it trumps or supercedes any prior discussions or plans; and a written contract can only be modified in writing, by the agreement of all parties. Therefore, your oral (that's the better term than "verbal") request in line with the plans is not binding on the builder unless the contract specifically said that the home would be built to the plans and that the plans were "incorporated" into the contract. If the plans were not made part of the contract, you cannot enforce them, but rather the builder only needs to build to the contract.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.