Our recently retired clients decided to build their final home on Seabrook Island, South Carolina. They selected a homebuilder who they trusted and began to build a custom home at the beach. They experienced some difficulties with the builder along the way, but the real issues began to develop as they approached the finish line. Despite paying the builder every dollar it billed them for, our clients learned that subcontractors were not being paid, suppliers were not being paid and then the builder simply refused to finish the project.
We were hired to demand that the builder pay its subcontractors and finish the project. The builder went radio silence and our clients finished the project with their own funds. The builder then had the nerve to sue our clients for funds purportedly never paid to him, despite the fact that our clients paid the builder all fees billed to them, the builder did not pay subcontractors and suppliers and did not finish the project.
We demanded that the builder dismiss its suit or we would seek attorney’s fees and costs, as well as all damages owed to our client. The builder and his attorney refused.
We engaged in initial discovery and found out that the builder could not prove that he spent the actual costs on the home that he charged our clients. The builder could also not prove that he was owed anything. In fact, the records showed our clients overpaid.
We moved for summary judgment before the Court and were awarded judgment in the favor of our clients and the Court awarded our client all attorney’s fees and costs spent dealing with this so called “builder.”
We are proud of this result for our clients and proud that we were able to deliver a relatively swift result for them which will allow them to move forward from a very emotional and disappointing experience in building a new home.
