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Questions Answered by Pamela Marie Mori Holcombe
1 Answer | Asked in Contracts and Construction Law for Florida on
Q: In the state of FL, what is the maximum late payment interest charges a contractor can charge a client for not paying on

In the state of Florida, what is the maximum late payment interest charges a contractor can charge a client for not paying on time? On top of the interest charges can a contractor add a fixed late payment monthly fee? Example 2% late payment fee penalty plus $100.00 per month

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Apr 8, 2024

Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides that no combination of... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: My Dog, Jack, had TPLO surgery 12/22/2023. During the procedure, the Surgeon fractured his tibia. I was never advised.

I only found out from the referring Vet 2/12/2024. After we had complications about the wire which was inserted during the procedure. TPLO do not require a wire, but tibia fractures do. When I asked the Surgeon about the wire, he said it is used to stabilize the leg. Again, he never mentioned... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Feb 15, 2024

The first and only priority at this point should be getting a second opinion from an independent veterinarian surgeon as to your dog's condition and whether or not this is a viable treatment plan and whether any corrective action be taken. This is not only required for your dog's health... View More

1 Answer | Asked in Construction Law for Florida on
Q: A contractor is not paying within the 90 days from set date on a commercial construction project. A CO was added.

The change order is for elevator caps. Does the change order change the lien filing deadline? We are a specialty subcontractor. Is the work remedial or final furnishing?

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 20, 2023

Unfortunately, issues like this need to be run by experienced construction counsel who can analyze the very specific facts, any applicable contract provisions, and statutory requirements.

As a legal matter, as a general rule, change orders which form part of the main contract have little...
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1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I have two project contracts direct with an owner of a building. Can I file one lien for both or do I need to file two?

We are an Engineering company who contracted directly with the owner. No NTO was sent.

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition. Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: Unfinished work that was paid for and no response from pool builder

I am currently facing a situation with a pool construction company, Holiday Pools, that has refused to communicate for over 30 days and has not finished the pool construction as agreed. What legal steps can be taken in this scenario, and what options are available to address this issue?

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

Unfortunately, you are in similar shoes to many in Florida who find themselves dealing with pool contractors who may have over promised, under performed, and often the homeowner finds themselves with a big hole in the ground and not much else.

The further unfortunately, is that while...
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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How to tell if someone is a qualifying agent or just a rented license?

Let’s say I sign a contract with contractor A but permits are pulled by contractor B. Bs company is also listed on the permit not the company you signed the contract with. Is contractor B an actual qualifying agent or a “rented” license.

If contractor B was an actual qualifying agent,... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

In general, all qualifying agents' licenses should be publicly available on the DBPR's website, although there is the possibility that the application is in process or has not yet been posted due to administrative lag. While there is zero factual context for this question,... View More

1 Answer | Asked in Construction Law for Florida on
Q: New Home construction sale by owner builder

In state of Florida when you build you new home construction as a owner you are required to live there for 1 year period. What happen when you have to move out during the one year period and sell before the 1 year period. Move out due to family emergency and move out completely out of Florida. What... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

Unfortunately, there is no exception in Florida statutes to the one year owner builder residency requirement for "family emergencies". The exact language of the statute provides that "proof of the sale or lease, or offering for sale or lease, of any such structure by the... View More

1 Answer | Asked in Construction Law for Florida on
Q: Is our pool builder responsible for installation of incorrect color glass tile?

Contract signed Nov 2022. Construction began April 2023. Completion date is still unknown. Glass tiles were installed and they are the incorrect color. Tile company will replace the product fro free, but the builder wants to charge us $3K to remove the old tile and install the new tile. Builder... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 16, 2023

Typically, the contractor is responsible for ensuring the work meets the plans and specifications and scope of work for the project. This situation sounds as if this contractor is somehow trying to shift the responsibility for supervising the quality of work on you, the homeowner. Unfortunately,... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: My spouse and I singed a contract in February to have an in ground fiberglass pool installed. As per the contract we

We paid 4000 to start and 36,000 for the pool shell. The next payment would have been for pavers and then a payment to finish the job. However, we found out that the new owner was not a lisenced contractor and had used the old owners name and lisece on the contract. This was reported to the... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 1, 2023

I am sorry to learn of this truly unfortunate situation. Needless to say, there are many moving parts resulting from this complex fact pattern, including the property damage to the home, the damage to the existing shell and voiding of the warranty, never mind the fact this entity appears to have... View More

1 Answer | Asked in Construction Law for Florida on
Q: How do I get CAD plans from an architect?

I paid an architect for house plans, their in-house general contractor can't build the house within my budget as promised in the beginning so I found a general contractor who can build within my budget but the architect is refusing to release the CAD plans to him rendering the plans I've... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Aug 3, 2023

This is an unfortunate situation, however, when dealing with a builder's new home architect, it is likely that the plans are merely a repetition with slight variation on plans the architect has previously designed for the builder and for which the builder may own the license rights. It would... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: The client signed my contract to add a pool to a home under construction & will not close on home. Do I have to refund

The client signed my contract to add a pool to a home under construction & will not close on the home. Do I have to refund the pool deposit? The Florida pool contract was signed on 4/3/2023 it states in numerous places a 3-day cancellation policy. I was notified about 70 days later that the... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Jul 24, 2023

Unfortunately, as with almost all issues involving construction disputes, a review of the terms and conditions of the entire written agreement, the very specific facts, and application of any relevant statutory provisions is required to provide anything more than the most general of responses.... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: Is a roofing contract valid if the roofing rep who signed the contract is no longer an employee of that company?

The contract was initiated 2 years ago and we finally got settlement through litigation from the insurance company. In the mean time the representative of the roofing company is no longer employed by them...we don't know if he ever had signing rights for the company. He tried to get us to use... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Mar 14, 2023

The factual scenario of this question suggests that the construction agreement in question was an "assignment of benefits" contract wherein you as the homeowner contracted with the roofing contractor and assigned insurance benefits to it. Florida law on AOB agreements was significantly... View More

2 Answers | Asked in Contracts and Construction Law for Florida on
Q: Owner/tenant contract w/GenCon. All invoices paid, owner sued for unpaid inv. from subCont., default win due to error?

The owner disputed and file a motion to dismiss as all invoices presented by the General Contractor was paid. The owner submitted copies of the contract and all payments made. Due to a missing defendant's name in the power of attorney letter (for property manager), the case was never heard... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Mar 14, 2023

When a default judgment has been entered, in this case presumably by the judge and not simply a clerk's default, it is long past time for the property owner to obtain actual legal advice from an experienced construction litigator as to the specific facts of this matter. There may be grounds... View More

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3 Answers | Asked in International Law and Tax Law on
Q: After four years of research and study, where does one go to find an international data privacy attorney GDPR compliant?

This used case study started off organically for years ago in between 2016 and 2018. The topic is G DPR and international transfers as a United States data subject civilian. Data subject has total of three years in the workforce and GDPR is a complicated matter, tracing back many years. Although my... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Jan 22, 2024

Unfortunately, Justia is a US based website hosting US attorneys. The GDPR has no application in the US and instead applies to European nations, thus you would be far more likely to locate the counsel you seek in the EU. Good luck.

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1 Answer | Asked in Construction Law for Florida on
Q: Do you help clients that have been denied from the dbpr board due to criminal history
Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

There are attorneys who specialize in contractor licensing issues. One such lawyer is Chris Cobb of Cobb Gonzalez in Jacksonville. Chris regularly presents continuing legal education to other construction counsel on licensing issues and is well respected in this area of law.

2 Answers | Asked in International Law on
Q: Answer the following questions and give reasons for your answers: The seller, company A is a tyre manufacturer based in

Canada. The buyer, Company B, is a tyre distributor from Denmark. In July 2006 they signed an agreement for the

delivery of 3000 winter tyres for heavy trucks. The contract has concluded by email.

Having received the buyer’s acceptance, the seller made a reference in its final... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 28, 2021

Any question which includes the verbiage "Answer the following questions and give reasons for your answers" strongly suggests that the questioner is trying to get Justia to do their homework. Not unsurprisingly, others have thought of the same idea before you, so not even an "A" for effort. :(

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