Pompano Beach, FL asked in Contracts and Construction Law for Florida

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 pool contractor is saying the contract starts or pool time to finish the pool started when they started digging?

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1 Lawyer Answer

A: 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 NEVER sign a contract that does not mention time to complete the job. Also, even when a deadline is put in a contract, it is not a hard, legally enforceable deadline unless you add the words, "Time is of the essence" (or similar language indicating that the deadline is extremely important). That's your lesson for future reference, but on the issue you face now, it's best to start with attempting amicable resolution with the contractor, such as seeing if he will agree to NOW add a deadline to the agreement, and agree that time is of the essence. You can tell him, "whatever time you need is fine, but I need it in writing."

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