Q: Advice needed on contractor breach and arbitration in a fixed-price renovation contract in Florida.

A: 1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What compensation could I seek if I terminate the contract concerning costs for hiring a new contractor and project delays? The primary damages you would be entitled to are compensatory damages which are the most common and are meant to put the homeowner in the position they would have been in if the contract had been properly fulfilled. Thus, anything in excess of the contract price to complete the job would be part of your damages that you would be entitled to. You could also be entitled to incidental damages. These include costs incurred by the homeowner as a result of the breach, such as storage fees, temporary housing, or additional inspection costs. You may also be entitled to attorneys fees and costs if it is written into the contract.

3. Should I hire an attorney for arbitration, or can I effectively represent myself? You should hire an attorney. There is some complexity to the dispute that would likely require an attorney such as contract interpretation, Florida 558 requirements, and rules of arbitration.

4. What immediate actions should I take to preserve my rights and ensure the renovation moves forward, whether with this contractor or another? Preserve all communication and make sure to mitigate damages as much as possible. Reach out to the contractor and make every effort to get the job done under the terms of the contract.