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Florida Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I need to help in canceling Pool Contract after 72hrs expire

I hired a pool contractor in Miami to build a pool and gave 20% down ($10K). In the permitting process, it was discovered that previous owners had enclosed the garage without a permit. The pool permit was rejected. The city of Miami's process to get this fixed takes over two years. I informed... Read more »

Linda Liang
Linda Liang
answered on Nov 9, 2022

This clause does not apply here. This clause reads IF OWNER FAILS OR REFUSES TO PERMIT DELIVERY OF MATERIALS .... INTERRUPTS OR INTERFERES WITH CONTRACTOR ......CONTRACTOR WILL BE DUE A SUM EQUAL TO 25% OF TOTAL CONTRACT PRICE". You did not fail to do anything or refuse to do anything. You are... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: What should I do if a contractor never completes the agreed upon work?

I hired a company to replace the windows and sliding glass doors in my home with high-impact hurricane glass. My home is in Bradenton, FL.

Agreement was signed in April 2021. The work was started, but is still not fully completed. I have already paid half the agreed upon costs. I... Read more »

Linda Liang
Linda Liang
answered on Nov 9, 2022

This happens quite often, unfortunately. You can give them a notice for them to act immediately warning them you will hire another company if they do not. If they still do not work to complete the project, you can hire another company and keep all the records. You also have right to ask them to pay... Read more »

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: We are in the process of having a pool constructed and our pool builder was in the process of installing the pool cage.

Before it could be completed Ian destroyed the cage. The pool equipment is on site. Never connected to electricity and pool never received its interior finish. Who technically owned the pool. Should it be the homeowner or pool builders responsibility to replace the cage to get the project moving... Read more »

Jane Kim
Jane Kim PRO label
answered on Oct 31, 2022

You should read your contract for "risk of loss" provisions. Most likely, however, it is your cage because it was already delivered to your property, and you are responsible. I'd ask for the contractor's insurance, maybe it'd cover it (small chance).

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: We have a contract to have a house built. What recourse do we have if the contract is not fulfilled?

Signed a contract May 7/2020. To date nothing has been done and the builder is not answering questions.

Real estate attorney

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 19, 2022

Hello. It is really going to depend on the exact wording of the contract, specifically as to dates and time for completion. You should set up a free consultation with a contract attorney, have them go over the wording of the contract, and tell you what your options are. My firm provides such... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Florida on
Q: Pool company does not exist anymore and left me with unfinished pool. What can I do to get my money back?

Dec. 3, 2021 I signed a contract with Hydrotech pools for building a pool in my backyard.

Now this company does not exist anymore. All the people I had contact with are not at the company anymore. I was at their office and it was empty, like abandoned. I paid everything except an amount of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 1, 2022

You probably can't sue the owner, assuming the company is a limited liability company (LLC) or corporation; that's what limited liability is all about. While there are possible scenarios under which you might be able to "pierce the corporate veil". it's not likely that you... Read more »

1 Answer | Asked in Construction Law for Florida on
Q: We are building a home in Sarasota FL. Who is responsible for the damage to the home from a hurricane, theft, fire, etc?

We have not settled and are in the early stages. They just put on the roof trusses.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2022

You are, of course. And if you have insurance, the insurance company to the extent, and subject to the terms, of the policy.

If by "we have not settled ...", you mean you are buying the home or paying someone to build it, the responsibility would depend upon the specific fact...
Read more »

1 Answer | Asked in Construction Law for Florida on
Q: I have a question about a potential construction lien for a florida residence

We paid a designer for a house plan that we are not using. This is not an architect it is an out of state designer. He was paid upfront for use of the plan and then unexpectedly sent a large bill for edits he did to the plan. We are going a completely different direction and will not be using... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 6, 2022

Probably, assuming it's the same land and you didn't build somewhere else.

2 Answers | Asked in Construction Law, Contracts and Real Estate Law for Florida on
Q: Builder asking for $25k over contract price before issuing CO

We have the final walkthrough on a new construction home this evening and were told we'd receive the keys. We received an email from the builder stating they must raise the price of the home $25k and receive the money before issuing the CO. When we spoke on the phone, they told us it... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 26, 2022

No, the contract doesn't need such a clause to be enforceable. Talk to the building department regarding a certificate of occupancy.

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1 Answer | Asked in Consumer Law and Construction Law for Florida on
Q: 4 years ago a roofer damaged the water pipe, but fixed it. Tonight it totally failed flooding the room. What recourse?

In Feb 2018 a contractor replaced our whole roof from a hurricane damage. In the course of the repair one of the workers sawing thru the roof damaged a water pipe that was in the space beneath the roof when we had the whole house re-piped so years earlier. The contractor fixed it (unsure of method)... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

You are going to need someone to fix the leak now. While you are at it, ask that person to tell you if it was the same pipe that the previous contractor damaged and then repaired, and also if the previous repair was done incorrectly and thus caused the present problem. If so, and if you decide to... Read more »

2 Answers | Asked in Personal Injury and Construction Law for Florida on
Q: was driving Sunday night and a big piece of metal was in the street on the bridge of where there is alot of constructon

it did alot of damage to my car who pays for this

Charles M.  Baron
Charles M. Baron
answered on Jun 22, 2022

I agree with Mr. Thorgaard, but his answer works only if you have comp/collision coverage. If you don't, or if you'd rather not make a claim to your own insurance, you would set up a claim with the insurer of the entity that left the piece of metal in the street. Might've been a... Read more »

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1 Answer | Asked in Construction Law for Florida on
Q: FL Surveyor Mistake - new construction home positioned too close to drainage easement

The construction VP from our FL builder notified us that the surveyor made a mistake in the location of our house on the lot in the plot plan. It is too close to the drainage easement. Construction started, the tie in location was confirmed, and the house is now almost to the drywall phase. The... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 6, 2022

Was the surveyor working for the builder or for you? If the surveyor was working for the builder, you could perhaps sue both for the cost of redoing the job.

It doesn't appear that a variance would work if the structure of the home could be compromised. Perhaps you are suggesting...
Read more »

1 Answer | Asked in Construction Law for Florida on
Q: Having a house built. 15 months so far moving slowly. GC changed the locks preventing me access to the house.

Had a roof leak friday causing damage to ceiling, walls, baseboards, insulation, etc. GC did nothing for 5 days to address the damage. GC keeps house at 85 degrees. Extremely worried about mold. GC claims he had sheetrock and insulation removed yesterday but when I went to check the locks were... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 4, 2022

What is your question? Arrange with the contractor to inspect the premises; that way the contractor can make sure it is secure. You don't want the place left unlocked, do you?

2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: Can I build a fence on my neighbors property with an "Exclusive Ingress/Egress Landscape and Wall Easement"?

Our "subdivision", built in 2005, is a collection of 1+ acre lots cut up from a former orange grove. There are no traditional subdivision roads. Instead each group of four parcels shares a non-exclusive ingress/egress easement. Our lot is at the end of one of these easements and there... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 23, 2022

Sure, depending on the exact terms of the easement. It appears that the "exclusive" was included to make sure that only you, or subsequent owners of your lot, could use the easement for access. But if it also includes a "wall" easement, it should be no problem for you to build... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: Can I fire the roofing co named in my insurance sett. If they are named on ck bc I think they are scammers!?

We settled with ins co to get a new roof. It was one of those companies that knocked on our door. At first they were great; promised us new roof, carpet, paint, etc. now that we got settlement they said we will give u 7500. Use that where u want but that’s all and that’s not even in writing. I... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 26, 2022

Lawyers on this website are not allowed to call anyone. This website is designed for general information. You need to take the paperwork to a lawyer for a consultation as soon as possible. The lawyer hired to negotiate the settlement was not your lawyer and worked for the roofing company. Do... Read more »

2 Answers | Asked in Construction Law and Contracts for Florida on
Q: Once I have terminated a construction contract by notifying the builders, can I hire another builder & finish the house?

My construction contract for a new home had a termination clause that required the Owner to provide three written notifications to terminate the contract. The contract was materially breached, and I have completed those notices. I have received no response from the opposing parties (developer and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 28, 2021

One would have to read the contract to be sure. But yes, you can probably find someone else to finish the job. It is doubtful that you would have to file suit (a motion would be part of a lawsuit); leave that up to party who you claim breached the contract to sue you, if they think such a suit... Read more »

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Construction Law and Contracts for Florida on
Q: Does refusal to adhere to a 5-year workmanship warranty create breach of contract and void the required arbitration?

Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... Read more »

David H. Relkin
David H. Relkin
answered on Nov 16, 2021

You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... Read more »

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1 Answer | Asked in Civil Rights, Estate Planning, Construction Law and Municipal Law for Florida on
Q: In Eatonville FL, we need to know if there are exceptions for Code of Ordinances, sec. 60.77, such as noise or privacy.

We live in a corner lot, and we would like to build a 6 foot fence on the property perimeter. We'd like to know how far can we take the fence to the line property, and if we can consider one of the "fronts" of a corner property as a "side". Only the "main"... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2021

The Eatonville Code of Ordinances is here:

http://eatonville-fl.elaws.us/code/coor

A brief review of it doesn't reveal any problem with what you want to do, but of course you should contact the Planning Department and get a permit. They should be able to guide you.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Construction Law for Florida on
Q: My inhearents is being stolen and iam the admenstator and my daughter is not allowing me to do my job amd is keepung an
Henry George Ferro
Henry George Ferro
answered on Oct 7, 2021

This is not a criminal law case. It appears that if there is an inheritance and you are the administrator of the estate…you are the one that controls the distribution and management of the assets. How is your daughter keeping you from doing what you need to?

Doesn’t make sense…

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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