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Florida Construction Law Questions & Answers
2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for Florida on
Q: I'm a tenant at an apt bldg. They were given a 45 day notice to do an inspection. Am i obligated to pay rent ?

the company has 45 days to higher a structural designer to certify the bldg is in habitable condition, or, pull permits and do the repairs in that timespan. Am i obligated to pay rent under these conditions, knowing the bldg is poss going to be evacuated for repairs or possibly shut down?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 20, 2021

Of course you are required to pay rent.

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2 Answers | Asked in Construction Law and Contracts for Florida on
Q: How can i make a contractor finish the job i hired him for, and commit to the contract?

I hired a contractor for home improvement job, he is not responding and not finishing the job. He already got half the money. The contract says he has to finish everything by end of April 2021, and yet it's not done.

How can i get him to finish the job?

Linda Liang
Linda Liang answered on Jul 6, 2021

I would remind him of the contract he signed and the consequence if he breaches the contract. I would put everything in writing to show him that you are very serious.

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1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I have a contract with a pool company he is half way through and informed up he can’t move forward without a permit

He informed us he isn’t registered in our country to get a permit. The pool was to be completed 6-8 weeks it’s now week 9. What can I do to push him forward?

Charles M.  Baron
Charles M. Baron answered on Jul 3, 2021

See if you, rather than him, can apply for the permit. If your county/city requires the professional to apply for it, and he has no ability to apply, he should never have contracted with you to begin with. Discuss that issue with him and determine if you can reach some amicable resolution, such... Read more »

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How do I get my pool finished with no contract permits pulled by company now they won't return calls. Started not finish

I was working for pool company Cool Pools for 3 years was friends with owner for 12 years started a pool and enclosure build with him. Pool got finished mostly but now he won't do the enclosure and has been ignoring my calls for months without a response. I lost my job with with them after... Read more »

Linda Liang
Linda Liang answered on May 3, 2021

You can hire another company to finish the work and sue them in small claim court

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: just signed a pool contract & gave 5k deposit nothing has gone to permit yet company revoked by bbb can i request refund

last night april 15 , 2021 i saw the news is investigating this pool company olympus pools for many complaints and unfinished projects. since we are not all the way in financially a down payment given on credit card for 5,000/ can i back out with the reason extremely leery, worried that they will... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 17, 2021

Request a performance bond.

1 Answer | Asked in Construction Law for Florida on
Q: Can I pursue litigation or negotiations for Construction Defect based on insurance denial letter verbiage?

My insurance company denied my claim stating "While the field adjuster’s inspection did reveal evidence of water intrusion to the interior of your home, the policy will not provide coverage for interior water intrusion unless a peril created opening is present to allow for coverage of the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 12, 2021

What the verbiage means is that the water damage appears to have been caused by a previously-existing defect in the structure.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Florida on
Q: what recourse does a FL GC have against a business owner who will not pay final payment of signed contract? CO issued
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 3, 2021

You may have to sue them for the final payment. Or try hiring a very experienced Florida lawyer to send them a strong warning letter first. Usually works if the lawyer is good.

1 Answer | Asked in Real Estate Law and Construction Law for Florida on
Q: HOA asking me to sign an agreement that removes my door/window from common elements. Do I have to sign?

A report from the HOA's engineer states that the HOA's replacement window and my current window is the same in kind and quality.

I replaced my sliding door and window in 2016 to impact windows (cat 5 and up). These hurricane window standards have not been changed. The condo docs... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2021

It comes down to this: do you want the HOA to be responsible for damaged windows or do you want to assume the responsibility? If you want the HOA to be responsible, don't sign the agreement.

1 Answer | Asked in Business Law, Civil Rights, Construction Law and Employment Discrimination for Florida on
Q: I'm being told that i can not work in a community because a HOA board member doesn't like me.
Tim Akpinar
Tim Akpinar answered on Dec 2, 2020

A Florida attorney could advise best, but your post remains open for four weeks. As a general premise in any type of discrimination matter, one usually needs to demonstrate violation of rights as a protected class. There aren't a lot of details to go by here, but based on these brief facts, it... Read more »

1 Answer | Asked in Construction Law for Florida on
Q: Who is liable for pool access safety when the contractor fills the pool but construction is not finished?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 8, 2020

Both the contactor and the homeowner are potentially liable.

1 Answer | Asked in Contracts, Criminal Law and Construction Law for Florida on
Q: How long do I have to return a customers deposit. I've had a stroke (cause for delay). Is it criminal?

Its been a few months and now the customer has threatened to involve police. Is there a procedure they have to follow that could protect me? I want to return their funds but they no longer respond to me. Not sure if i should Venmo or zelle back their funds.. Should I send their money to them,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 27, 2020

No, it's not criminal. Send them a check by certified mail.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: My pool contractor keeps telling me he will not finish the coping until 2 months later and the pool has not been touched

It’s been 6 weeks with nothing done and their excuse is we have other pools we are working on, is that a claim they can say to not work on my pool legally

My other question is when does the time start for my pool to be completed if we signed a contract on April 1 let and made deposit, the... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 19, 2020

The pool contractor's deadline is solely based on the contract language, and if there is no language about that, then based on a "reasonable" time to complete the job. Your issue is common with pool contractors, as well as other types of home construction contractors. You should... Read more »

1 Answer | Asked in Construction Law and Land Use & Zoning for Florida on
Q: Construction project severely affecting traffic and subsequent revenue of businesses in my shopping center

Construction project in front of the shopping center where my restaurant is located has been obstructing traffic to the point that during certain times of the day there is 1 lane width of an entrance meant to double as an exit, causing congestion and frustration for all patrons. We are unable to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 17, 2020

IMO, you are wasting your time complaining about road construction improvements ("progress") not controlled by either your city or your county government. The State of Florida, Department of Transportation has statutory authority to do whatever it thinks needs to be done when improving... Read more »

Q: Can I sue for condemned condo?

We rent a condominium in Aventura, FL. Recently we had an electrical inspection, where the result was the condo being condemned. The owner wants to sell instead of repair the problems. Is there anything we can do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2020

Unless you have a written lease that says otherwise, you are not obligated to pay any more rent because you will be required to move. If you do have a written lease you can be sure the landlord will not renew it because he cannot do that if the condo is condemned. Finally, suing is possible, but... Read more »

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Client's lawyer demanding we finish his project he has needlessly delayed. We responded but haven't heard from them

In our letter, I told him to get a separate permit for an illegal roof repair he did while we were doing his addition; urged him to get his flooring and cabinets as we had previously agreed; and went over all the work that he privately contracted with our subs behind our backs that he is now... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 8, 2020

This sounds to me like a Mexican standoff coupled with a "B" rated chick flick. So rather than try to answer a question that hasn't been asked all I will do is advise you--the general contractor--to stop playing lawyer and hire one-quick. The lawyer you hire will probably tell you... Read more »

2 Answers | Asked in Construction Law and Contracts for Florida on
Q: Can I talk to the General Contractor? New home builder contract says all construction questions must be at Sales Office

OK

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 8, 2020

Wouldn't hurt to try. Doing so wouldn't constitute a breach of contract, if that's what you're wondering.

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1 Answer | Asked in Construction Law for Florida on
Q: How long does a contractor have to complete a job in Florida?

We signed a contract in late 2019 for a bathroom remodel. We paid a lot up front. They promised the job would be done within 6 weeks. They demolished the bathroom months ago and still haven’t gotten a permit approved, 9 months later, due to their errors.

Edited to answer question: At the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2020

What does the contract say?

1 Answer | Asked in Construction Law and Personal Injury for Florida on
Q: Are there any laws that make it illegal to have an AC unit in the attic?

A person injured trying to stop a leak.... they climbed into the attic on multiple occasions over the years to store items and knew not to step on the drywall. The person was injured coming down the ladder when the ceiling caved in and was told by a healthcare worker that had a friend that... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 20, 2020

The issue of whether there is liability for the injuries described and the issue of whether it was legal for the A/C unit to be installed in the attic are two separate issues, though if it was illegal, it could be one factor (amongst others) in the negligence analysis. Your local government... Read more »

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Can I sue a contractor for “unreasonable delays” on a home improvement?

My condo was flood in December 2019. Kitchen was destroyed. After 3 months finally got insurance money to fix home. Hired a contractor in March. Agreed on price and put down 50% to get job started. He said he will let me know start date. After almost three more months of waiting he says July 13... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2020

Sure, but not before the contractor has caused some actual damages. Spending too much time to complete a construction job is not actionable. Moreover, no that the work has started the contractor can put a mechanics lien against you house that must be paid someday, or you will not be able to sell it.

1 Answer | Asked in Criminal Law, Construction Law and Landlord - Tenant for Florida on
Q: Can a manager/contractor enter my apartment without providing ID in Florida?

I begged my landlord to repair apartment, they refused till I threatened to withhold, I don't think anyone has experience answering questions regarding the fact that masked people are at my door refusing to provide ID so I am removing this question, please do not comment further.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2020

Unless you OWN the apartment you should not ever refuse access to the owner to make simple repairs to THEIR property. Your written lease probably has a clause in it that says what I just said.

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