The contract was initiated 2 years ago and we finally got settlement through litigation from the insurance company. In the mean time the representative of the roofing company is no longer employed by them...we don't know if he ever had signing rights for the company. He tried to get us to use... Read more »
answered on Mar 14, 2023
The factual scenario of this question suggests that the construction agreement in question was an "assignment of benefits" contract wherein you as the homeowner contracted with the roofing contractor and assigned insurance benefits to it. Florida law on AOB agreements was significantly... Read more »
The owner disputed and file a motion to dismiss as all invoices presented by the General Contractor was paid. The owner submitted copies of the contract and all payments made. Due to a missing defendant's name in the power of attorney letter (for property manager), the case was never heard... Read more »
answered on Mar 14, 2023
When a default judgment has been entered, in this case presumably by the judge and not simply a clerk's default, it is long past time for the property owner to obtain actual legal advice from an experienced construction litigator as to the specific facts of this matter. There may be grounds... Read more »
I want to make sure that I my relationship with a contractor is terminated when they cash my check
answered on Jan 31, 2023
Yes, the Florida statute that governs Full and Final Accord and Satisfaction is Florida Statute 673.3111. You have to tender the check with proper notice for it to be effective. Also, it depends what your contract with the contractor says. You can't just write a check for a dollar and call it... Read more »
Signed contract in April, gave 25% deposit, nothing has yet to be done, they have failed 2 categories of permit application, and still no real updates as to when they will get approval and be able to start? At what point do I have rights here to cancel and get my money back? Or will this forever... Read more »
answered on Dec 16, 2022
To obtain a reliable opinion, you must schedule a consultation with an attorney who will review the contract.
The problem that you write about, a contractor dragging its feet, is very common. Generally, a contractor's failure to meet a predicted project completion date is not... Read more »
I hired a pool contractor in Miami to build a pool and gave 20% down ($10K). In the permitting process, it was discovered that previous owners had enclosed the garage without a permit. The pool permit was rejected. The city of Miami's process to get this fixed takes over two years. I informed... Read more »
answered on Nov 9, 2022
This clause does not apply here. This clause reads IF OWNER FAILS OR REFUSES TO PERMIT DELIVERY OF MATERIALS .... INTERRUPTS OR INTERFERES WITH CONTRACTOR ......CONTRACTOR WILL BE DUE A SUM EQUAL TO 25% OF TOTAL CONTRACT PRICE". You did not fail to do anything or refuse to do anything. You are... Read more »
I hired a company to replace the windows and sliding glass doors in my home with high-impact hurricane glass. My home is in Bradenton, FL.
Agreement was signed in April 2021. The work was started, but is still not fully completed. I have already paid half the agreed upon costs. I... Read more »
answered on Nov 9, 2022
This happens quite often, unfortunately. You can give them a notice for them to act immediately warning them you will hire another company if they do not. If they still do not work to complete the project, you can hire another company and keep all the records. You also have right to ask them to pay... Read more »
Before it could be completed Ian destroyed the cage. The pool equipment is on site. Never connected to electricity and pool never received its interior finish. Who technically owned the pool. Should it be the homeowner or pool builders responsibility to replace the cage to get the project moving... Read more »
answered on Oct 31, 2022
You should read your contract for "risk of loss" provisions. Most likely, however, it is your cage because it was already delivered to your property, and you are responsible. I'd ask for the contractor's insurance, maybe it'd cover it (small chance).
Signed a contract May 7/2020. To date nothing has been done and the builder is not answering questions.
Real estate attorney
answered on Oct 19, 2022
Hello. It is really going to depend on the exact wording of the contract, specifically as to dates and time for completion. You should set up a free consultation with a contract attorney, have them go over the wording of the contract, and tell you what your options are. My firm provides such... Read more »
Dec. 3, 2021 I signed a contract with Hydrotech pools for building a pool in my backyard.
Now this company does not exist anymore. All the people I had contact with are not at the company anymore. I was at their office and it was empty, like abandoned. I paid everything except an amount of... Read more »
answered on Oct 1, 2022
You probably can't sue the owner, assuming the company is a limited liability company (LLC) or corporation; that's what limited liability is all about. While there are possible scenarios under which you might be able to "pierce the corporate veil". it's not likely that you... Read more »
We have not settled and are in the early stages. They just put on the roof trusses.
answered on Sep 24, 2022
You are, of course. And if you have insurance, the insurance company to the extent, and subject to the terms, of the policy.
If by "we have not settled ...", you mean you are buying the home or paying someone to build it, the responsibility would depend upon the specific fact... Read more »
We paid a designer for a house plan that we are not using. This is not an architect it is an out of state designer. He was paid upfront for use of the plan and then unexpectedly sent a large bill for edits he did to the plan. We are going a completely different direction and will not be using... Read more »
answered on Sep 6, 2022
Probably, assuming it's the same land and you didn't build somewhere else.
We have the final walkthrough on a new construction home this evening and were told we'd receive the keys. We received an email from the builder stating they must raise the price of the home $25k and receive the money before issuing the CO. When we spoke on the phone, they told us it... Read more »
answered on Jul 26, 2022
No, the contract doesn't need such a clause to be enforceable. Talk to the building department regarding a certificate of occupancy.
In Feb 2018 a contractor replaced our whole roof from a hurricane damage. In the course of the repair one of the workers sawing thru the roof damaged a water pipe that was in the space beneath the roof when we had the whole house re-piped so years earlier. The contractor fixed it (unsure of method)... Read more »
answered on Jun 25, 2022
You are going to need someone to fix the leak now. While you are at it, ask that person to tell you if it was the same pipe that the previous contractor damaged and then repaired, and also if the previous repair was done incorrectly and thus caused the present problem. If so, and if you decide to... Read more »
it did alot of damage to my car who pays for this
answered on Jun 22, 2022
I agree with Mr. Thorgaard, but his answer works only if you have comp/collision coverage. If you don't, or if you'd rather not make a claim to your own insurance, you would set up a claim with the insurer of the entity that left the piece of metal in the street. Might've been a... Read more »
The construction VP from our FL builder notified us that the surveyor made a mistake in the location of our house on the lot in the plot plan. It is too close to the drainage easement. Construction started, the tie in location was confirmed, and the house is now almost to the drywall phase. The... Read more »
answered on May 6, 2022
Was the surveyor working for the builder or for you? If the surveyor was working for the builder, you could perhaps sue both for the cost of redoing the job.
It doesn't appear that a variance would work if the structure of the home could be compromised. Perhaps you are suggesting... Read more »
Had a roof leak friday causing damage to ceiling, walls, baseboards, insulation, etc. GC did nothing for 5 days to address the damage. GC keeps house at 85 degrees. Extremely worried about mold. GC claims he had sheetrock and insulation removed yesterday but when I went to check the locks were... Read more »
answered on May 4, 2022
What is your question? Arrange with the contractor to inspect the premises; that way the contractor can make sure it is secure. You don't want the place left unlocked, do you?
Our "subdivision", built in 2005, is a collection of 1+ acre lots cut up from a former orange grove. There are no traditional subdivision roads. Instead each group of four parcels shares a non-exclusive ingress/egress easement. Our lot is at the end of one of these easements and there... Read more »
answered on Apr 23, 2022
Sure, depending on the exact terms of the easement. It appears that the "exclusive" was included to make sure that only you, or subsequent owners of your lot, could use the easement for access. But if it also includes a "wall" easement, it should be no problem for you to build... Read more »
We settled with ins co to get a new roof. It was one of those companies that knocked on our door. At first they were great; promised us new roof, carpet, paint, etc. now that we got settlement they said we will give u 7500. Use that where u want but that’s all and that’s not even in writing. I... Read more »
answered on Jan 26, 2022
Lawyers on this website are not allowed to call anyone. This website is designed for general information. You need to take the paperwork to a lawyer for a consultation as soon as possible. The lawyer hired to negotiate the settlement was not your lawyer and worked for the roofing company. Do... Read more »
My construction contract for a new home had a termination clause that required the Owner to provide three written notifications to terminate the contract. The contract was materially breached, and I have completed those notices. I have received no response from the opposing parties (developer and... Read more »
answered on Dec 28, 2021
One would have to read the contract to be sure. But yes, you can probably find someone else to finish the job. It is doubtful that you would have to file suit (a motion would be part of a lawsuit); leave that up to party who you claim breached the contract to sue you, if they think such a suit... Read more »
Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... Read more »
answered on Nov 16, 2021
You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... Read more »
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