Iowa Complaint Against Building Contractor for Failure to Complete Construction

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Multi-State
Control #:
US-01131BG
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Word; 
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Description

The failure of a contracting party to substantially perform the terms and conditions of a construction contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

An action arising from or related to: residential construction: 10 years; any other kind of improvement to real property: 8 years after the date on which the act or omission of the defendant alleged to have been the cause of the injury or death.

There are two ways to file a complaint: A person may download the complaint form below and mail the completed form to the board office. ... A person may call the office directly at 1-866-280-1521 and request a complaint form be mailed to them.

686.3 Notice and opportunity to repair. Prior to commencing an action alleging a construction defect, the claimant shall, at least one hundred twenty days before filing an action, serve written notice of claim on the general contractor and subcontractor.

The implied warranty of workmanlike construction addresses the inequities between the buyer and the builder-vendor by requiring that a building be constructed ?in a reasonably good and workmanlike manner and . . . be reasonably fit for the intended purpose.? Kirk v. Ridgway, 373 N.W. 2d 491, 492 (Iowa 1985).

An action arising from or related to: residential construction: 10 years; any other kind of improvement to real property: 8 years after the date on which the act or omission of the defendant alleged to have been the cause of the injury or death.

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Iowa Complaint Against Building Contractor for Failure to Complete Construction