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... View More 
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... View More
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... View More
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... View More
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... View More
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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).
Signed a contract May 7/2020. To date nothing has been done and the builder is not answering questions.
Real estate attorney
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... View More
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.
We have a customer who was going to purchase a house but first, it needed some electrical work in order to be covered by insurance, which the homeowner did not want to pay out of pocket for. Our customer paid us and we completed the work. The homeowner ended up backing out of the sale and leaving... View More
answered on Sep 27, 2023
It makes sense that your customer would file a lien. Talk to an attorney about the specifics in your case.
We had an independent contractor help us at a daily rate. We own a handyman business and needed an extra set of hands. He botched the job significantly and caused property damage to our home and property. Our truck has overspray all over it, drive way is covered in paint, mailbox covered in paint... View More
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answered on Jun 30, 2023
Yes, sounds like you may have a claim for damages. The question is- how much? It may or may not be worth hiring a lawyer.
Good luck.
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... View More
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... View More
We have not settled and are in the early stages. They just put on the roof trusses.
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... View More
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... View More
answered on Sep 6, 2022
Probably, assuming it's the same land and you didn't build somewhere else.
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... View More
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.
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)... View More
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... View More
it did alot of damage to my car who pays for this
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... View More
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... View More
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... View More
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... View More
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?
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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"... View More
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.
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