What recourse do I have if my builder does not finish my home by the agreed upon completion date? This is a very troublesome problem whenever builders do not complete the houses or complete the improvements by the specified date. Most contracts on new construction have a clause that says that the builder does not have any responsibility, and you cannot charge them with any expenses.
If they do not complete it on the agreed upon date, it is great if you can negotiate it in the contract what the damages are. That is called a liquidated damage clause, and say, $100.00 a day. If you can prove your damages, you can probably sue the contractor for damages for delaying completion, which is a difficult lawsuit. So the best thing to do is try and cover that in the contract whenever you contract with the contractor to say how much it is going to cost them. And there is a great deal of pushback by builders on not agreeing to put a liquidated damages clause in there.
What I have found is, whenever the builder really drags their feet and they have not shown up and have pretty much abandoned this job, then it is my suggestion you contact an attorney, send them a notice of termination, tell them that you are going to hire somebody else, and then sue them for any damages that you have if it is going to be worthwhile.
So if you have any problems with your builder and need some guidance, well, give me a call at 727-847-2288.