We entered into contract with this builder on September 25, 2007. In the contract, there were 20 conditions that the builder was to have completed, although we did not specify if they had to be complete by closing. We ammended the contract to allow additional time for him to get work done and actually closed later than that date as well.
However, builder has not fullfilled at least 2 of the issues listed in the original contract as well as issues that have come up post closing.
Builder is unresponsive to request. He has cut a hole in the wall of one room in our house in an attempt to match paint and has not repaired. The paint jobs that were done were done by him and are not professional quality (or even good amateur quality).
Builder is incorporated as a For Profit corporation in our state. My understanding is he is through building. We have comtemplated suing in small claims to collect the money it would take to get the tasks complete, but even with a judgement against the corporation, he can simply bankrupt the company and we are still left without services being complete.
I know that in some federal districts that if a principle of a corporation was found to be negligent in handling things, that the principle could be named personally in the suit and not be covered under the umbrella of the corporation. I'm not sure if we can prove negligence on his part (although he is the one who did the work on the house that is not acceptable).
Any advice on how to proceed from here would be appreciated. We are trying to keep from having to pay thousands of dollars to fix what was listed in the original contract.