IS IT OKAY TO HATE MY LAWYER? SERIES CONTINUES. Contractor/Home Builder vs. Homeowners: Now that 2008 is 'Over' Here we go Again.

homeowner, contractor

2008 (you know what I mean by 2008? The Great Recession, of course) helped weed out the builders who were financially thin, not committed to the industry and were simply not “up to snuff”; (When is the last time you heard the term “up to snuff?”)

But now, it seems like we can say… “They’re baaack.”

As a homeowner that has a problem with your builder, you must be aware of the Right to Repair Act in addition to the mechanics and material men lien laws. (States other than Idaho likely have comparable laws) These laws address what your rights are. You cannot just go and sue your builder and your time frames for going after your contractor/builder are tight.

As a builder/contractor, you must familiarize yourself with the “Contractor Registration Act.” (States other than Idaho likely have comparable laws). A contractor’s failure to strictly follow this statute can take you down faster than a bullet. (Well not quite.) A violation of this Contractor Registration Act can also trigger a Consumer Protection claim against you. You simply cannot afford to have more of your own nails hammering into your business coffin.

Back to 2008 for a minute. We are also seeing more companies allow their charter to lapse! Remember, you must timely file your annual report with the Secretary of State every year! Failure to timely file this annual report subjects you to the very personal liability your spouse, and you sought to avoid by becoming a corporation/limited liability company.

Remember, with the investment a building project can be from both sides of the contractual relationship, please, please first see your hated lawyer!

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