Venice, FL asked in Construction Law and Contracts for Florida

Q: Unfinished work that was paid for and no response from pool builder

I am currently facing a situation with a pool construction company, Holiday Pools, that has refused to communicate for over 30 days and has not finished the pool construction as agreed. What legal steps can be taken in this scenario, and what options are available to address this issue?

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1 Lawyer Answer

A: Unfortunately, you are in similar shoes to many in Florida who find themselves dealing with pool contractors who may have over promised, under performed, and often the homeowner finds themselves with a big hole in the ground and not much else.

The further unfortunately, is that while there are a wide variety of remedies for contractor's failure to perform as promised, nothing about construction disputes is simple, and many of the rights flow from the written agreement, which must be analyzed together with the specific facts, as well as any statutory claims, to give the homeowner the best possible strategies. Some practical factors for consideration are where owner is in terms of progress payments as against work performed, what are the claimed reasons for the delay, have any of the communications been provided in such a fashion as to constitute proper "notice" under the contract, what can owner do to mitigate damages, etc., etc., etc. All of this must be properly considered before deciding what steps to take next or choosing between possible options. Taking rash action without being fully advised on the risks and benefits of the options could leave a homeowner in a worse situation than if they had done nothing.

The only prudent thing to do in such a situation is to consult with an experienced construction attorney in your area to review the entire matter and all possible strategies for your circumstances.

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