ShaneJ2 (Utah)
Posts: 3
Posts: 3
Posted:
Developer is one of several builders in his subdivision and has consistently violated the following CC&Rs:
1) Any natural vegetation removed from lots must be replaced with building or native vegetation within one year.
Problem: Developer has grubbed and graded several lots and left them in an unfinished state for more than two years now.
2) All construction commenced must be completed within one year.
Problem: Developer has yet to finish one of his homes within one year, and on average takes two years or more to complete a home.
There are several other examples of the Developer trying to enforce unwritten rules on other builders while not adhering to these same "UNWRITTEN" rules himself. It's do as I say, not as I do. This discrimination has resulted in specific damages to another builder.
What claims for damages might this other builder cite in his complaint (all internal attempts at resolution have failed): Discrimination, breach of contract, tortious interference (i.e., preventing builder from establishing successful business relationships)?
1) Any natural vegetation removed from lots must be replaced with building or native vegetation within one year.
Problem: Developer has grubbed and graded several lots and left them in an unfinished state for more than two years now.
2) All construction commenced must be completed within one year.
Problem: Developer has yet to finish one of his homes within one year, and on average takes two years or more to complete a home.
There are several other examples of the Developer trying to enforce unwritten rules on other builders while not adhering to these same "UNWRITTEN" rules himself. It's do as I say, not as I do. This discrimination has resulted in specific damages to another builder.
What claims for damages might this other builder cite in his complaint (all internal attempts at resolution have failed): Discrimination, breach of contract, tortious interference (i.e., preventing builder from establishing successful business relationships)?