Under no circumstances would I do this. I'm a lawyer, though, so my opinion may be a little skewed. Just blame it on the lawyer when you give him the bad news so you look like you tried to swing it for him. Besides, if it was *that* big of a deal for your builder to get the money in the door by 12-31-10 he could've gotten your house done to the specs and plans you agreed upon a month ago, couldn't he?

Can't remember for sure, but, it seemed to me that dh and I had something in the contract about "finishing anything left undone" and that the builder had a certain amount of time to wrap things up. He did come back for a handful of things to finish as I recall.

I only have a minute now (kiddo bedtime coming up quickly), but I just wanted to say that I would not even consider "closing out the contract" (whatever that really means) under ANY circumstance without a final walk-thru. That is absolutely nothing but trouble. From your posts over the last few months, your builder has consistently been straying from the plan documents and then trying to weasel out of the responsbility of making things right.

I certainly wouldn't do something potentially detrimental to myself or my family to improve HIS financial situation...

ditto what everyone else said! SC is my home state. Where are you moving to?

I have a similar issue, builder has already told me a couple of items have to wait until spring (because of the weather here). I do plan on holding back some $$ to ensure that the work gets done. I dont' get paid in advance so why should he?
Are you going to use a home inspector before you give him the final check?
I truly do not like being this way, but I have to look out for ME - what if your contractor goes belly up? dies? disabled? You are left with paying someone else to finish what he couldnt'.

I also think you should deduct for the items he didn't fullfill. A dollar amount that is reasonable would be best.

Thanks for the responses. Since we're going there next week, we will wait to do a walk through before we pay the last bill. I guess the office manager just sent the invoice either because she was told to or to give us a heads up.

My hope is that there is not much that needs finishing/fixing. When we were there in November, I did a pretty extensive list with pictures of things that needed attention. According to the builder, my list will be completed, this week.

I think we should have a home inspector, but aren't sure how to find one. We asked our neighbor who runs a real estate office, but she didn't have any recommendations. Time for the Yellow Pages?

DH wants me to drop the idea of getting credit for the window seat so we don't put a fly in the ointment for the clear cut failure to give us the colored concrete that was in the contract. I guess I'll agree to keep the peace (w/ DH). We can always put one in, later, if I still want it.

I just looked at the contract more closely and the final payment isn't due until we have a CO. And, there is a clause for money to be held back for mutually agreed to items that are incomplete. I guess I just answered my own questions. I did think it odd to get the invoice before all of the work is completed, we have a CO or we've done the final walkthrough.

I'm tired of being the "Homeowners from Hell" and creating problems that the builder has never encountered, before. It's in my nature to expect way more documentation and precision than is typical for construction (or so we're told).

It is a beautiful house that we expect to enjoy for many years, God willing. Time to move on & not worry about each tiny thing that is either owed us or could have been better. It's time to appreciate what we are so blessed to have accomplished. I bought a pair of champagne flutes to take with us to celebrate. I plan to have them inscribed with the date and the house's name when we finally figure it out.

robin - our house is in Travelers Rest just north of Greenville.

Here's hoping that I will be posting pictures at the tail end of the "December" thread.

Thanks - Jo Ann

P.S. gobruno - thanks for the heads up on retro-coloring the concrete. I think we will live with it for a bit before we decide. White concrete in TX is a bear because there is so much sunlight & heat to reflect. It may not be as bad at our wooded, SC lot.

Jo Ann- Have a good trip- Hope the house is everything you expect it to be! I'm looking forward to the next round of pictures.

BTW- From what I've seen, your white concrete may be orange before long.....

Jay

Another vote for protecting your interests by walking through, inspecting, and holding back enough money to insure all obligations are met.

I'm a little surprised your real estate friend doesn't know how to find a building inspector. I would not rely on YP; most (all?) states have a licensing/certification board and there is a national American Society of Home Inspectors (http://www.ashi.org).

That sounds like a good idea Jo Ann on your house! You're just down the road from us. We are in Belmont, NC just across the border, my home town is North Augusta.

All this talk of South Cakalaky! My son just moved back to the Midwest from Aiken, SC. Loved visiting SC!