Ocoee, FL asked in Consumer Law and Construction Law for Florida

Q: My floors were damaged during the install of my new countertops 3 months ago. How long do they have to fix the problem?

I have emails documenting my communication with the company about having someone come to look at the damages as well as text messages with the owner following his inspection asking when the floors would be fixed. They have just called saying they can send someone out to do the repairs next week but this has been almost three months of waiting. They also want me to pay the rest of my balance in full (I paid half upfront). I had acquired the materials to do the repairs myself after accepting that I would not be hearing back from them again. Now I’m stuck wondering what to do. I have explained to them that I already planned on doing the repairs this weekend and would like to agree on a lesser total to close out my bill. Is there any Florida law to back me up on this?

1 Lawyer Answer

A: I seriously doubt it. You contracted for work to be done to your house. You apparently still owe a balance. If the installer damaged your floors then they should be responsible to fix it. However, your bill to them and their obligation to repair the damages do not overlap, they are completely separate issues. I agree that taking 3 months to make the repairs seems a bit long but on the same token if you have not paid them for the work they did 3 months ago is equally not correct.

Good luck,

I suggest that you should get this resolved as the company, if they take the proper steps can place a lien against your home if you do not pay them. (Also, they might have missed their window to file a lien but it is something that could come up, so I suggest that you get this resolved asap).

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