When you sign a contract with a builder to construct your new home, you expect the process to follow a reasonable timeline. However, many people find themselves in a frustrating situation where their builder seems to be taking forever to complete the project. It's a common issue that often leads buyers to question their legal options.
When There's No Completion Date
A frequent problem with builder contracts is the absence of a specific completion date. You may sign a contract that doesn't hold the builder to any particular schedule, leaving you with little recourse if delays occur. Despite this, it's generally understood in Texas law that a builder must complete the construction within a reasonable amount of time, even if the contract is not a "time is of the essence" agreement.
Understanding "Time is of the Essence"
The phrase "time is of the essence" is a legal term indicating that a specific deadline in a contract must be strictly met. While builder contracts often lack this clause for the overall construction timeline, some clauses in the standard TREC (Texas Real Estate Commission) contract do operate this way. A key example is the option period. If you have a 10-day option period and fail to terminate the contract by 5:00 PM on the tenth day, you are strictly bound by the contract and lose your right to terminate.
Your Legal Options
If you are facing significant delays, it's important to consult with a legal professional to review your specific contract and understand your rights. Even without a strict deadline, a lawyer can help you determine if the builder's timeline is "reasonable" and whether you have grounds for a dispute. A legal professional can help you navigate this process and hold the builder accountable.
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