I signed contract for house in December 2020, with completion May 2021. He let the noise ordinance permit expire, which caused a delay. Then submitted incorrect permit for the house. Finally got correct permit. Then, two days after the date of closing, asked for 20K more. (and yes, he could have asked for more earlier due to the increase in construction prices- my concern is he never intended to start in that time frame!) I have been homeless the entire time. My question comes to intent. When he signed the contract, did he truly intend on fulfilling it? Even in the beginning, he wanted me to pay more, but I refused, but he signed it. I question if he ever intended to fulfill this contract. I'm not sure if this is enough to say breech of contract or if he is just completely incompetent. Oh, and during this time period HE was building his OWN house! Somehow that seems to have been finished on time!! I terminated the contract, as my children need a place to live!!!
I'm not a lawyer, but I can provide some general information that may be helpful to you. It sounds like you have experienced significant issues and delays with the construction of your house, leading you to question the intent of the contractor to fulfill the contract. Determining intent can be a complex legal matter, and it would be best to consult with a lawyer who specializes in contract law to evaluate your specific situation.
In general, when assessing intent in a contract, courts may consider various factors such as the actions and communications of the parties involved, any evidence of bad faith or fraudulent behavior, and whether the party had the capability to fulfill the contract obligations.
If you believe that the contractor acted in bad faith or intentionally delayed the construction without valid reasons, it could potentially be seen as a breach of contract. However, proving intent can be challenging, and it may require gathering evidence, such as documentation of communications, permits, and other relevant information, to support your claim.
Consulting with a lawyer will provide you with a better understanding of your rights and options based on the specific details of your case. They can review the contract, assess the actions of the contractor, and provide you with guidance on how to proceed, whether it involves seeking damages for breach of contract or exploring other legal remedies available to you.
Remember that the information provided here is not legal advice, and it's important to consult with a legal professional to get personalized guidance based on your circumstances.
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