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Florida Construction Law Questions & Answers
1 Answer | Asked in Criminal Law, Construction Law and Landlord - Tenant for Florida on
Q: Can a manager/contractor enter my apartment without providing ID in Florida?

I begged my landlord to repair apartment, they refused till I threatened to withhold, I don't think anyone has experience answering questions regarding the fact that masked people are at my door refusing to provide ID so I am removing this question, please do not comment further.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 28, 2020

Unless you OWN the apartment you should not ever refuse access to the owner to make simple repairs to THEIR property. Your written lease probably has a clause in it that says what I just said.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Work incorrect, unfinished

I gave contractor money for work that was completed incorrectly and will need to be redone, and money upfront for future work. Since he had never been back to my with several reasons and has only talked to me when I initiated contact. Because of this I told him to refund me and cease work. I told... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 20, 2020

There is no special way to settle any case. The non-disparagement clause is pretty much standard in all settlement agreements; and you are being foolish to risk not receiving your refund by insisting on your "right" to bad-mouth the other side on social media. Perhaps the other party will... View More

1 Answer | Asked in Construction Law for Florida on
Q: Can a pool contractor sue after we fire them?

The pool contractor tried to get money out of us that was not apart of the contract and said it had to be done for inspection. They pre-plumbed the pool then said it had to be ripped out, at our cost or said we would need to pay for an upgraded heater. The county inspector said that they were lying... View More

Jeffrey Snyder
Jeffrey Snyder
answered on Apr 28, 2020

Can they file a mechanic's lien? Sure. Will they? No way to tell. Is it a legitimate lien? Again, you will need to hire a construction lawyer to look at all documents and facts involved.

2 Answers | Asked in Contracts and Construction Law for Florida on
Q: I contracted with a Florida licensed roofing contractor. Is he allowed to sub my job to another roofer?

My contract is with 'abc roofing'.

'xyz roofing' pulled the permit with a different business name and contractor.

Is this legal?

Charles M.  Baron
Charles M. Baron
answered on Feb 21, 2020

Whether a contractor, in any business, can sub-contract out work without first conferring with the customer depends on the language of your contract. However, it's not necessarily the case that "xyz" is a sub-contractor of "abc". In the construction/renovation industry,... View More

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1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Florida on
Q: I have a contract to have flooring installed. The contractor has not come to complete the job. It has been months.

The contractor said he has a health issue, a boil on his butt...

I have also a contract with this same person to have vapor barrier installed. He said he would do it, but I have not seen him since September. What can I do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 1, 2020

Send him a letter by certified mail that the contract is cancelled for non-performance on his part. Then find another contractor.

1 Answer | Asked in Construction Law and Real Estate Law for Florida on
Q: a lawn service put a construction lein on property i rent say i own money when i don't. how do i fight it.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 27, 2019

If I understand your question correctly, you are the tenant, not the owner. So what do you care?

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: as a qualifying agent for a licensed building contractor in florida can i write a contract in my name with their license

and or have no payment made to them just to me and any other trades involved

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2019

No, of course you can't do that.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Does a builder have to escrow non-refundable deposits when they build less then 10 homes per year? See statute 501.1375

Also, the client owns the land already where the home was to be constructed.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 1, 2019

Without spending any time reviewing the statute mentioned here I will point out the obvious: If the deposit is "non-refundable" then it is probably NOT covered under the statute cited.

Having said that I feel that I would be remiss in not presenting this free practical...
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1 Answer | Asked in Construction Law for Florida on
Q: If a contractor has finished work but the inspection has not been done, am I obligated to make final payment?

They are asking for the final payment but I want to cover myself in case it does not pass inspection.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 3, 2019

Of course it depends upon the terms of the contract. If the contract doesn't say, think about putting the money in escrow pending inspection approval.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Barn door on bid set, but builder is trying to say that we are responsible for purchasing and installing it ourselves.

When we first began our construction process, the floor plans had a bi-fold door on the laundry room in the master bedroom. I had that door changed to a barn door a few months later. The barn door was added to the floor plan BEFORE the budget and final floor plans were signed into contract. In... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 3, 2019

From what you write, it appears that you are in the right. But the contractor may very well have their own side of the argument. In any event, you failed to ask a question.

1 Answer | Asked in Real Estate Law and Construction Law for Florida on
Q: Want to become a general contractor (FL) to get a permit for dad to build houses. What are the risks?

I reside in NYC. I want to take the test to get the general contractor license in Florida. Then I want to apply for a permit for a family friend to build houses. What are the liabilities/risks for me? I'm thinking of establishing an LLC to be more protected.

Phillip William Gunthert
Phillip William Gunthert
answered on Jul 23, 2019

You definitely need to create a business entity (LLC would be a great choice). I would strongly advise you to work with an attorney in order to create the LLC, create the LLC Operating Agreement, understand liability protection and how you need to go about it in order to maximize the liability... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Can a GC hold payments to a sub for work done from one project to another?

Currently working for a GC on several individually contracted projects. As a specialty sub we completed a project about 4-5 months ago. Approx. 2 weeks ago thru GC's project review it was realized that we the sub owed the GC for a material credit for items that they purchased on our behalf, to... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 15, 2019

Unless you do what the GC wants you will probably not have to worry about this anymore. All of this should be settled by separate contracts for each separate sub job.

1 Answer | Asked in Criminal Law, Civil Rights, Construction Law and Gov & Administrative Law for Florida on
Q: What can you do when your public defender does not seem to be working for you but seems to be working for the state

We went to try to get some information off my phone that the Sheriff's Office had and I was told to give him my password so the sheriff couldn't see it and I did and my lawyer was facing me and the deputy was standing a little to the side and behind me and facing the lawyer like I was... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2019

First, any time your lawyer (in this case, your assistant public defender) makes you uncomfortable for any reason, you discuss the situation with him to see if the situation may be corrected. You may have misinterpreted the situation. Almost all attorneys working for the public defender's... View More

3 Answers | Asked in Business Law, Civil Litigation and Construction Law for Florida on
Q: A corporation I owned, which is no longer currently active, is being sued for services provided that caused damages

A corporation I owned, which is no longer currently active, provided services on a construction project in which the owner has filed a lawsuit claiming property damages due to my services at the time. The insurance company covering my corporation during the time of the project, is claiming that it... View More

Griffin Klema
Griffin Klema
answered on Apr 11, 2019

The answer depends on what the plaintiff's claims are. Are they only related to the job performed by you or the company? Only a careful analysis of the complaint will give you the full answer.

Officers can be individually liable for their torts irrespective of the corporation through...
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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Hello. I had a contractor that has a fire pit to finish and no matter how many times he schedules appointments and never

Hello. I had a contractor that has a fire pit to finish and no matter how many times he schedules appointments and he never shows up. On the completion contract it says contractor does not guarantee a completion date. Do I have a case in this matter since the job has taken over a year to complete?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 9, 2019

Yes, but the amount of money involved is probably not enough for you to hire a lawyer. If you have already paid the contractor, perhaps suing the contractor in small claims court will get his attention.

1 Answer | Asked in Construction Law for Florida on
Q: Can I sue a roofer 9 years later if my ceiling collapsed in the last 2 weeks due to their negligence?

Ceiling collapsed due to the weight of gravel/pebbles from old roof resting on ceiling drywall or plaster board. I had a couple inches of little stones on the floor and drywall material.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 11, 2019

No. See Florida Statute 95.11 (3) (a):

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

1 Answer | Asked in Contracts, Consumer Law and Construction Law for Florida on
Q: The contractor took 6 months to finish a job that per the contract was about 10 days. Can we sue for compensation?

We got 5 bids and this one was in the middle, about $69,000. The delays were caused by contractor incompetence. Forgetting to order windows, ordering wrong size, breaking a window which had be reordered, unacceptable sliding door installation which had to to redone, breaking the sliding door frame... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 12, 2019

Perhaps, but your biggest problem will be calculating damages. Stress, by itself is not normally compensable.

1 Answer | Asked in Construction Law for Florida on
Q: Q: This question pertains to a $25,000 Total Deposit that was given to a Builder for Securing a future lot in a New Comn

We were interested in securing a specific lot location ~ but the LOTS turned out differently after the land was graded~ so the New Home Sales Rep recommended another lot & said he would transfer the funds. We were on Military Travel Assignment overseas & would not return for a few weeks... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 30, 2018

It looks like you have asked this question repeatedly. You only need to ask it once; when someone feels that he or she can give you a helpful answer, he or she will answer it.

As I understand your question, the builder has informed you that your $25,000 deposit " is in jeapordy...
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1 Answer | Asked in Construction Law for Florida on
Q: If contractor pulls permit aren't they the only one able to request inspections? If so where is statute referenced?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 23, 2018

It's probably not a statute, but rather city or county ordinance.

2 Answers | Asked in Collections and Construction Law for Florida on
Q: In Florida, we paid contractor in cash 11/22/17. They called July/2018 saying they were not paid. Can they do this?

We paid for a generator installation, and have receipt for initial deposit initialed by electrician on job in cash. 8 months later, accountant for electrician called to say that they had a bunch of accounts showing open balances, including ours. We paid in cash at time work was completed, and have... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 4, 2018

You indicate that "we paid contractor in cash 11/22/17", and that you "have receipt for initial deposit". It is not clear that you have a receipt for whatever balance was due after the initial deposit (which I assume you paid "in cash [on]11/22/17"). If so, show... View More

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