Q: Pool builder is asking that we pay for permit to be extended. Purchase agreement states permits & NOC included.
The permit was originally issued 8-13-21 and expired 10-19-2023. The pool contractor contacted me 10-19-2023 asking for the renewal fees to be paid quickly because fees will double 10-24-23. They are blaming us because we had asked that the equipment installation scheduled 6-27-23 to be pushed back to after 7-4-23. (They have not mentioned it yet but I'm sure will, we had asked before that the dig day scheduled 12-16-21 be pushed after the holidays. They had reschedule for 1-20-22 when the dig of the pool officially started.) According to them this is the reason why the job is going over the time limit on the permit. They had giving us another installation for equipment date within 5-10days from 9-5-23 but never showed.
Are we required to pay?
A:
The question you have to ask yourself is do you want to stand on the contract and possibly have your pool delayed more or do you want to get it completed. It seems that more than 2 years to complete the work is a long time. I do not know what the normal time is in Ft Lauderdale to complete a pool. Is it to include a cage also?
Based solely what you have reported about the contract and facts, I believe you have a good case. But is it cost effective? If the cost is not much for the renewed permit, you can pay for it and later make a claim for the money after the pool is completed, as long as you make it clear to the contractor in writing that you are only paying it to complete the work, that you feel it is in violation of the agreement, but you feel he/she is responsible for it. You can then consult a lawyer later.
1 user found this answer helpful
A:
I would pay the permit extension fee while clearly communicating to the contractor in writing that the price of permitting is included in the contract price and that you will deduct the extension fee from the required retainage upon completion of the project.
Be sure to demand an “all bills paid” affidavit and lien release from the contractor as a condition of final payment
1 user found this answer helpful
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