Englewood, FL asked in Contracts and Construction Law for Florida

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 forward. Just because the cage was connected to our home is the lability mine?

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1 Lawyer Answer
Jane Kim
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  • Naples, FL
  • Licensed in Florida

A: 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).

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