Orlando, FL asked in Consumer Law, Contracts and Construction Law for Florida

Q: Is it my financial responsibility to repay for work that was almost done, but had to be torn out and redone?

The contractor failed to get the necessary inspections so had to tear out work that was already paid for and almost finished. After the inspection he's claiming there's an outstanding balance now. He will now redo any work and considers the contract closed. If I want him to come back we'll need a new contract for additional money ($1500+).

1 Lawyer Answer
Travis S. McConnell
Travis S. McConnell
Answered
  • Construction Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: For construction projects, the parties' rights and obligations are generally dictated by the terms of the contract or agreement. It will be difficult for any lawyer to answer this without reviewing your contract. Florida has a "prior breach" doctrine which can sometimes excuse one party's performance (ex: payment) when the other party materially breaches the contract first. However, it is not clear whether that doctrine would be applicable here without more information.

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