Merlino & Gonzalez - September 2023

STUCK IN A CONSTRUCTION NIGHTMARE? Use These 3 Methods to Escape Your Builder Contract

How to Escape the Nightmare 1. Take advantage of the termination clause. Most written contracts include termination clauses that provide an escape hatch. You may lose the deposit on your renovation or have to pay a fee for hours worked, but you could break the deal and get most of your money back. 2. Hunt for breaches by the contractor. If your contractor already breached your contract, then you can use that breach to terminate the agreement. However, this will only work if you didn’t already ratify or acquiesce to the breach — which could be anything from a change of start date to a dip in quality. You might have given the breach a thumbs up without knowing it, so talk to your lawyer before trying this strategy.

If you’re building a new home, renovating your existing house, or having construction work done on a rental property, you should know how to get out of a builder contract just in case something in your project goes south. Why Terminate a Contract? There are all kinds of reasons to terminate a builder contract. Maybe your life circumstances changed since you agreed to the terms, your contractor isn’t following through on the promised work, or a supply chain delay pushed your renovation back a month — ruining the family reunion you were supposed to host. These things happen, and they can cause you serious stress! While getting out of a contract is challenging, it’s not impossible.

3. Leverage situations that ‘make performance impossible.’ If your builder is holding you to an

agreement you can’t follow through on, you may be able to breach your contract. Maybe you couldn’t secure HOA approval for your renovation, or your rental property burned down before the renovation date. In those extreme situations, you may be able to back out of the deal gracefully. That said, the bar for “impossible” performance is high, so you should discuss the situation with your lawyer. If you’re stuck in a contract and want to get out, call your Merlino & Gonzalez real estate attorney. Our team will advise you on the process, help you take the right steps, and ensure you don’t end up in a lawsuit!

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MICHELE’S RECIPE CORNER

visit from May–October, you can take a self-guided tour of our site and museum. If you visit in the cooler months, we offer guided tours every hour on the hour from 12–3 p.m. I highly recommend experiencing the site in both seasons and calling ahead and ask which historical buildings will be open on the day of your visit. We’re always doing restoration, so the places you can explore rotate throughout the year. Last but not least, please consider coming out for the Richmond County Fair Saturday, Sept. 2–Monday, Sept. 4! It’s our biggest fundraiser, so every dollar you spend on admission will fund our programs, education, and preservation efforts and ensure we stay open for generations. (You can read more about the fair on Pg. 4.) I can’t wait to go with my 2 1/2-year-old and 8-month-old sons. I hope we see you there! -Amy Kennard Director of Internal Affairs Historic Richmond Town

HONEY-PECAN CHICKEN BREASTS

Inspired by TasteOfHome.com

INGREDIENTS

• 2 6-oz boneless, skinless chicken breast halves • 1/4 tsp salt

• 1/8 tsp cayenne pepper • 1 tbsp butter • 3 tbsp honey • 2 tbsp finely chopped pecans

• 1/4 tsp garlic powder • 1/8 tsp black pepper

DIRECTIONS

1. Pound chicken with a meat mallet to 1/2-inch thickness. Sprinkle with salt, garlic powder, black pepper, and cayenne pepper. 2. In a large nonstick skillet, heat butter over medium heat; brown chicken on both sides. Cook covered until chicken is no longer pink, about 6–8 minutes, turning once. 3. Drizzle with honey and sprinkle with pecans. Cook covered until chicken is glazed, about 2–3 minutes.

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