Q: I bought a house recently and had to to some electrical work on it before I can get the power turned on, I explained to
I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and I signed it expecting to get my power in the first week of August, in about two days he was done with the job and said I should call fpl so that they can install the meter, I already paid the electrician but unknown to me that he failed the inspection twice and refused to fix the power and now I am out over 12 thousand dollars, the contract said if I am not happy with their work they will refund my money, now he won’t fix the problem or refund my money, I want to sue the company.
A: This matter arguably falls under a "construction" defect claim. Florida law provides "in actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action...serve written notice of claim on the contractor, subcontractor, supplier, or design professional, as applicable, which notice shall refer to this chapter. If the construction defect claim arises from work performed under a contract, the written notice of claim must be served on the person with whom the claimant contracted." This, a 558 Notice must be provided and the contractor must return and inspect and/ or repair the defects. Thereafter, a suit may be filed for breach of contract if the problem persists. You may seek all monetary damages including consequential damages for the loss of profits for the business.
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