OK, update. I spoke with a lawyer, a good construction, real estate, contractual law. He came highly recommended by my business attorney. He has a plan of action if things don't get resolved by next week. He advised me to give him until next Thursday as he originally asked, and he should have CO by then. If not, the lawyer will take action. He was honest and said that right now it will not cost me anything to wait and he reviewed all the paperwork and said we are well protected right now. Since then the builder has paid the subs that were needed, and I spoke with all of them to personally verify that. The plumber is almost done, HVAC equipment got delivered and is being installed and the builder finished the kitchen work. He has been there long hours and looks and talks like a dog with his tail between his legs. Things seem to be headed toward the finish line.

Live Wire Oak & Ideagirl2 & Rockybird have said it best..... Go Legal - but WITH an Attorney driving your ship through "legal waters" - NOT YOU..... I work as an industry expert witness in the Natural Stone Industry, and I can tell you from 26 years of doing what I do, is that you do have a case, but you can very easily derail any chances you have of actually WINNING - if you attempt to do this "DIY" style. You need an attorney to help you on this.... IMEO - You have a contract, and IT governs how your GC gets paid by you, USE the contract language and any clauses or exceptions that would influence what you want to do (retainage & withholding final payment, cancelation of contract, penalties, etc) - to YOUR advantage, however - IF your GC wrote the contract that YOU signed, it's (your contract document) prolly written in HIS favour... :-( You can start this process by re-reading EVERY STINKING WORD of your contract, and start identifying ANY conditions that effect final payment - or penalties that would be visited on either party for "non-performance" as an example. Get with a real live attorney before you do ANYTHING else. Don't go inventing reasons to withhold monies (even if your reasoning is sound and 100% logical - and 1000% ethical) - if it's not LEGAL under the contract agreement that you signed with your GC - YOU CAN'T DO IT AND WIN IN A COURT OF LAW !!! Consult with an attorney that specializes in contract litigation and spend the money for an hour's worth of advice..... it'll be money well spent to help you find a solution to this issue and help you wake up from the nightmare you've been existing in.... The good news here is this: You DO have some Options - but they will ONLY be effective with the skills of an attorney that is better versed in these matters than you are - unless you happen to have a "doctor of jurisprudence" degree laying around in one of your drawers or shelves ! LOL!!!! If you do, then you don't need my advice! HA! Remember this going forward - "What's RIGHT and what's LEGAL are often too completely different things" hth kevin

No, DD doesn't complain to me about her roommate, only once she said, "You can't believe anything she says."...She knows that I hate how she's being taking advantage of, but she does talk to her Dad about it sometimes, because he can listen without criticizing. Maybe I shouldn't of said, "legally"...wouldn't want the law involved...thought maybe there was a way to get the roommate to want to move out. Apparently, the two get along fine with each other. But their social life is opposites. 'Freeloader' likes to go out and party as if she doesn't have any responsibilties...DD doesn't allow any alcohol in her house, and she has her own circle of friends. Stargazer, if the roommate was a druggy, it might be easier to get her out, like you wrote about your former son in law's father did...not many druggies would go to the police complaining(?)...but, she isn't. Her attitude seems to be that DD would have to pay the rent anyway... so why not let her live there free! DD has always wanted to rent that house... she loves it, no kids... but pets are allowed...But... it's very expensive...with a huge yard and a nearby lake to enjoy...When it came up for rent again...the roommate promised to pay half...But, instead, took out personal loans, likely spent on her friends and whatever she pleased...Then bought a new car...and tells DD that she doesn't have any money... Actually not contributing a penny to DD. What is so aggraving to me is...DD will likely lose her 'dream home'...She has a lot of furniture...All the freeloader has are her clothes and a cellphone. If she would only leave (When what freezes over??)...DD has another friend that would move in with her, who has a good paying job, and seems very reliable. We could help her with paying the rent...but that means also helping the freeloader live free-rent... who had once lived with her sister in a small, cramped house. Her boyfriend is a freeloader too...He doesn't own a car, lives with his aunt for now , and she taxi's him everywhere and buys him cigarettes, etcs., DD has never asked us for a penny, or for any help...but I try to help in some ways that won't benefit the freeloader...I buy her cat's food and cat litter when I buy for ours...Sometimes, I insist on paying her cellphone bill because she bought me a cellphone too...and is paying for it...She thought I needed one...Occasionally, DH takes her truck and gets the oil changed for her and fills the gas tank. But it's still a struggle and she doesn't complain to us...But, DH recently told me that DD had to drop her Internet and Cable TV. She's our only child and we've always been overly protective (?) of her...because she's an adult doesn't change that fact.

We are in Iowa. I will look into that contractor recovery fund. That would make us feel better about all this. If we walk away, we will lose our 15k. Actually we've pretty much already lost our 15k. It went to the builder (who's now bankrupt) and the bank says it went towards the build. So we're already getting a 'credit' because otherwise the banks investment would have been $340k. Gee thanks bank. But still, walking away may be our best option unfortunately. I'm trying to take emotions out of it, but the lot is in a secluded neighborhood surrounded by 13 acres of woods. The lot itself is 1.5 acres and most of it will remain timber. It's very unique and not something we will find elsewhere. I know someone will finish the house and live there even if it's not us. That would sting a bit. But also trying to be rationale that I don't want a lemon of a house and definitely don't want to be broke to do it. The excavator only has about 50k into the project. Not sure how it would make financial sense for him to buy it and try to make back his money and a profit. I guess we'll go about getting the numbers to see what it will cost to finish. But I'm afraid to make it viable, we would have to offer the back around 220k or so for the house. A huge loss to the bank, however if they build it themselves with no prospect of a buyer (it's in a small town, over an hour from large cities), they may lose even more.