Lawyers, Answer Questions  & Get Points Log In
Florida Construction Law Questions & Answers
0 Answers | Asked in Contracts and Construction Law for Florida on
Q: Do you provide answers regarding contractors and elderly folks in Florida? Thank you.

We hired a roofing contractor to replace our roof in Sarasota County Florida. After the roof was installed, we noticed a stain on the ceiling in the kitchen after a heavy storm, that was not there before the roof was installed. We have been going back and forth with the roofer and they insist the... View More

0 Answers | Asked in Construction Law and Landlord - Tenant for Florida on
Q: They are building a new complex next to mine, the Construction often starts at 5am. I don't want to pay my full rent.

It's been going on for nearly 2 years now. Theres always dust in my apt, i cant ooen the windows etc. BUT Since the holidays they have been starting Construction at 5am a few times per week. Other tenants here have called the police but it still happens. I have videos and photos of the... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I have two project contracts direct with an owner of a building. Can I file one lien for both or do I need to file two?

We are an Engineering company who contracted directly with the owner. No NTO was sent.

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition. Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope... View More

1 Answer | Asked in Construction Law for Florida on
Q: A contractor is not paying within the 90 days from set date on a commercial construction project. A CO was added.

The change order is for elevator caps. Does the change order change the lien filing deadline? We are a specialty subcontractor. Is the work remedial or final furnishing?

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 20, 2023

Unfortunately, issues like this need to be run by experienced construction counsel who can analyze the very specific facts, any applicable contract provisions, and statutory requirements.

As a legal matter, as a general rule, change orders which form part of the main contract have little...
View More

1 Answer | Asked in Construction Law and Contracts for Florida on
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?

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

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...
View More

2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: The well for my newly constructed home was drilled 6" onto my neighbor's lot. Builder will not correct the issue.

Placement of well according to septic engineering should be much closer to my home and out of the easement.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 14, 2023

Buying and selling property, especially new construction, without a real estate lawyer. I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved. The... View More

View More Answers

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Florida on
Q: Roofers put lien on both houses disputing payment what attorney/lawyer do I need

The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2023

You are describing construction lien law.

The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation...
View More

1 Answer | Asked in Civil Litigation and Construction Law for Florida on
Q: We anticipate this going to court. Please let us know what the best course of action would be.

We hired this particular contractor because we wanted the color of an LVP plank that we chose to be matched through stain on unfinished solid hardwood flooring, and he was confident that he could do that for us. He advised us to buy red oak wood and assured us that he would be able to match the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with... View More

1 Answer | Asked in Construction Law for Florida on
Q: Is our pool builder responsible for installation of incorrect color glass tile?

Contract signed Nov 2022. Construction began April 2023. Completion date is still unknown. Glass tiles were installed and they are the incorrect color. Tile company will replace the product fro free, but the builder wants to charge us $3K to remove the old tile and install the new tile. Builder... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 16, 2023

Typically, the contractor is responsible for ensuring the work meets the plans and specifications and scope of work for the project. This situation sounds as if this contractor is somehow trying to shift the responsibility for supervising the quality of work on you, the homeowner. Unfortunately,... View More

1 Answer | Asked in Construction Law for Florida on
Q: New Home construction sale by owner builder

In state of Florida when you build you new home construction as a owner you are required to live there for 1 year period. What happen when you have to move out during the one year period and sell before the 1 year period. Move out due to family emergency and move out completely out of Florida. What... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

Unfortunately, there is no exception in Florida statutes to the one year owner builder residency requirement for "family emergencies". The exact language of the statute provides that "proof of the sale or lease, or offering for sale or lease, of any such structure by the... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: My spouse and I singed a contract in February to have an in ground fiberglass pool installed. As per the contract we

We paid 4000 to start and 36,000 for the pool shell. The next payment would have been for pavers and then a payment to finish the job. However, we found out that the new owner was not a lisenced contractor and had used the old owners name and lisece on the contract. This was reported to the... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 1, 2023

I am sorry to learn of this truly unfortunate situation. Needless to say, there are many moving parts resulting from this complex fact pattern, including the property damage to the home, the damage to the existing shell and voiding of the warranty, never mind the fact this entity appears to have... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How to tell if someone is a qualifying agent or just a rented license?

Let’s say I sign a contract with contractor A but permits are pulled by contractor B. Bs company is also listed on the permit not the company you signed the contract with. Is contractor B an actual qualifying agent or a “rented” license.

If contractor B was an actual qualifying agent,... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

In general, all qualifying agents' licenses should be publicly available on the DBPR's website, although there is the possibility that the application is in process or has not yet been posted due to administrative lag. While there is zero factual context for this question,... View More

1 Answer | Asked in Construction Law for Florida on
Q: Do you help clients that have been denied from the dbpr board due to criminal history
Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

There are attorneys who specialize in contractor licensing issues. One such lawyer is Chris Cobb of Cobb Gonzalez in Jacksonville. Chris regularly presents continuing legal education to other construction counsel on licensing issues and is well respected in this area of law.

1 Answer | Asked in Construction Law for Florida on
Q: Can we file a lien on behalf of a customer if we have an open permit?

We have a customer who was going to purchase a house but first, it needed some electrical work in order to be covered by insurance, which the homeowner did not want to pay out of pocket for. Our customer paid us and we completed the work. The homeowner ended up backing out of the sale and leaving... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 27, 2023

It makes sense that your customer would file a lien. Talk to an attorney about the specifics in your case.

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: The client signed my contract to add a pool to a home under construction & will not close on home. Do I have to refund

The client signed my contract to add a pool to a home under construction & will not close on the home. Do I have to refund the pool deposit? The Florida pool contract was signed on 4/3/2023 it states in numerous places a 3-day cancellation policy. I was notified about 70 days later that the... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Jul 24, 2023

Unfortunately, as with almost all issues involving construction disputes, a review of the terms and conditions of the entire written agreement, the very specific facts, and application of any relevant statutory provisions is required to provide anything more than the most general of responses.... View More

1 Answer | Asked in Construction Law for Florida on
Q: How do I get CAD plans from an architect?

I paid an architect for house plans, their in-house general contractor can't build the house within my budget as promised in the beginning so I found a general contractor who can build within my budget but the architect is refusing to release the CAD plans to him rendering the plans I've... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Aug 3, 2023

This is an unfortunate situation, however, when dealing with a builder's new home architect, it is likely that the plans are merely a repetition with slight variation on plans the architect has previously designed for the builder and for which the builder may own the license rights. It would... View More

1 Answer | Asked in Employment Law, Business Law and Construction Law for Florida on
Q: Can we recoup damages?

We had an independent contractor help us at a daily rate. We own a handyman business and needed an extra set of hands. He botched the job significantly and caused property damage to our home and property. Our truck has overspray all over it, drive way is covered in paint, mailbox covered in paint... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023

Yes, sounds like you may have a claim for damages. The question is- how much? It may or may not be worth hiring a lawyer.

Good luck.

2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: I paid cash July 2021 a real estate construction in Oaklawaha near Ocala, FL, till today it's not nearly done. Need help

What can I do, with this cash purchase of this new construction, which dragged two years long and is still not nearly done? There're two liens on it, too, that are unpaid. Realtor said she is finding a new builder to finish the house, but new builder wouldn't give a finishing date. 90%... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2023

You have to be careful how you terminate the contract with the initial general contractor. Construction/lien laws are pretty strict. I bet this GC will claim he is owed money too. I'd highly recommend retaining a lawyer in order to move on to the new builder. In fact, some builders may not... View More

View More Answers

1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... View More

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: Is a roofing contract valid if the roofing rep who signed the contract is no longer an employee of that company?

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... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
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... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.