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Dispute with builder over conditions of new construction home

Asked about 3 years ago - Clackamas, OR

We purchased a NEW home August 1, 2008, documents signed August 24, 2008. We agreed to upgrades with builder in July and said to allow 2 weeks. We are still waiting for most of them to be done. Main concern is our pantry door upgrade. We gave him over $500 for an entire door w/ glass. Still haven't received it (due the 19th). But he is now saying he will not be replacing the casing or trim work. But we agreed upon that. Language isn't clear in our agreement - it says "Pantry door w/ glass". What do I do. Now we have a major hot water leak with damage to our dining room floor, wall, and trim work, as well as insulation and water in crawl space. He says it will dry and go back to normal. How can I protect myself and get him to replace all the damage since the leak was caused by him nailing the trim work into the pipes?

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Attorney answers (1)

Diane Carol Utz

Reputation Level 5

Answered almost 3 years ago. Construction / Development Lawyer in Seattle, WA.

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I am licensed in WA and not OR, therefore, my answer here is merely meant as guidance to help get you going in your quest to get the benefit of your bargain.

You can view the laws that apply to residential general contractors here: http://ccbed.ccb.state.or.us/WEBpdf/ccb/statute....

I did a quick perusal of these laws and it appears that you likely have one year from the date you occupied your home to take action against the contractor's bond based on the information you provided above. Please check 701.139 and 701.140 of the attached laws. NOTE: This is a very important time limitation; allowing it to pass without filing a complaint in accordance with these laws could result in a loss of your right to recoup any damages against this contractor.

Assuming that your contractor is properly licensed in OR, he is required to have a $20k surety bond against which you may file a claim for the costs of your repairs and those items the contractor promised but did not provide. The Construction Contractors Board may be able to help you resolve your problems (see 701.139 - Effective 7/1/08) by seeking payment from the contractor's bonding company for the damage your home has sustained. You must first properly provide the contractor notice of your intent to file a complaint (see 701.133) at least 30 days prior to actually filing the complaint, however. Based on what you said above, your complaint would likely be for breach of contract (for not furnishing and installing the pantry door) and negligent work (for the leak). As a side note, if the new pantry door is the same size and thickness as the original door, there should be no reason that the casing would have to be replaced.

If you are not sure if your contractor is licensed, you can look him up here: https://ccbed.ccb.state.or.us/ccb_frames/consum....

The forms you need for this dispute resolution process can be accessed here:
http://www.oregon.gov/CCB/dispute_resolution.shtml

Hopefully, this information is helpful and will get you headed in the right direction. Oregon's construction contractor laws appear to be well developed and almost self explanatory. Please don't hesitate to email me at utz@oles.com if you have additional questions.

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