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Florida Construction Law Questions & Answers
1 Answer | Asked in Construction Law, Consumer Law and Contracts for Florida on
Q: Where can I find Florida law about the size AC unit to support each square footage?

My home warranty company won't replace my AC unit because they say it is too small for the size of my house and that it died because it was over worked. Being too small is not a covered claim. I bought the house with the original unit.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2018

I'd check the building code applicable in your area at the time the house was constructed, and when you got the home warranty.

1 Answer | Asked in Construction Law for Florida on
Q: Can I refuse to sign CO for re-roof if I am not satisfied with work done per contract?

I contracted with home improvement store for a re-roof who subbed it out to a licensed/bonded contractor per contract, that part we are okay with-ish. That contractor then subbed it out, and to an out of state contractor. Long and short of it the re-roofing process was not performed per our... View More

Alex McClure
Alex McClure
answered on Jul 5, 2018

You can always refuse to sign.

That being said there are potential consequences to not allowing the payment to be made, even if you disagree with the quality and finality of the workmanship.

You might want to discuss the issue with the contractor and subs, and with your insurance...
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1 Answer | Asked in Construction Law for Florida on
Q: Can I hold the last payment on my pool due to cosmetic errors that needs to be repaired?

I had a pool build and my last payments was to be $4300.00 however I paid $3000.00 in advance in order to get the lanai done, now i only have $1300.00 left to pay, I have informed the owner of the company that the finish of the pool has a defect that need to be checked before I make the last... View More

Alex McClure
Alex McClure
answered on Jun 29, 2018

If you do, you risk having a lien placed.

You should consult with an experienced construction law attorney before taking any action so that you dont find yourself in the wrong.

You can use google to locate attorneys near you. Hope this helps.

1 Answer | Asked in Construction Law and Land Use & Zoning for Florida on
Q: Waste company returned unwanted dumpster to my property. Over a month later (and dozens of calls), it's still here.
Alex McClure
Alex McClure
answered on Jun 29, 2018

You would need to include more details.

Unwanted?

Returned?

Seems that there are some facts missing here.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: As a homeowner, where can I find a suitable contract to protect my interests when undergoing a significant home remodel?

How much would it cost to have a lawyer review or create one?

Alex McClure
Alex McClure
answered on Jun 12, 2018

This is something you would want to discuss with a construction law attorney. Its something that would probably be billed hourly, at a typical attorney rate. This way you can get exactly what you need that is SPECIFIC to you and your situation. You will certainly sleep better at night planning... View More

1 Answer | Asked in Construction Law, Personal Injury and Wrongful Death for Florida on
Q: Where does it state in Federal or FL law that homeowners are required to maintain pools in same manner they passed insp.
Tina El Fadel
Tina El Fadel
answered on Jun 7, 2018

There is not enough information in this question to answer it fully. If you are renting a property, maintenance of the pool should be listed in you Lease with who is responsible for it. If you do not return the leased property in the same condition you received it, minus some wear and tear, your... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Customer stopped us from completing the job after I refused to do additional work without permits, Sue him for full job?

Additional work he requested requires permit .

We have a line in our signed contract that no changes or additions approved without discussing with contractor (us)

Customer did other changes without discussing with us

He refused to pay second payment and doesn’t allow us... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 29, 2018

Sounds like your only option would be to sue for breach of contract by the owner.

1 Answer | Asked in Construction Law for Florida on
Q: Do I retain right to sue a contractor if I pay the claim amount of mechanic lien in order to close sale of my house?

I am selling my house in Florida on April 25th and title company discovered mechanic lien was recorded April 24th, 2017. I was never given notice of the lien and I believe it is fraudulent. Contractor was called by Title company to inquire if they would release lien and answer is no. With that... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 11, 2018

I am working on this, per our previous conversation.

1 Answer | Asked in Contracts, Construction Law and Small Claims for Florida on
Q: Can I withhold payment for a sub standard structure that a contractor insists on ok. The structure is no way up to code.

The contractor added a lean to on the side of our barn. The put 6x6 posts in the ground 2ft and with only a bag and a half of concrete per post. The lean to isn't square. They cut into our existing barn, damaging the integrity of the barn. We have held the check for now until the owner comes... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 28, 2018

This can be a tricky issue. Typically if you withhold payment the contractor may file a lien against your property. However, the ability to lien depends upon a variety of factors.

I suggest that you would consult with a construction litigation attorney from here in the area to get a...
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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: we hired a construction company they used a sub contractor liscense,now they don't want to complete the job

the co we have the contract with is not paying the sub,the permits are under the subs liscense. the sub wants us to pay him direct,we have no standing with the sub and don't want to end up paying for the job twice. one of the primary contractors in the partnership is in jail and hasn't... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 27, 2018

Simple answer, run don't walk and hire a construction litigation attorney. This is a precarious situation and you need an attorney to represent you and help you navigate this situation.

Good luck,

2 Answers | Asked in Contracts and Construction Law for Florida on
Q: Do I have case when contract calls for painting existing cabinets and installing custom cabinets.

After demo says can’t paint because not wood (even though he looked at them day of contract signing and said were wood) cabinets or make custom cabinets. I had to buy all new cabinets and counter tops. Was not changing counter. Took $20k in June for materials because supposed to start in two... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 9, 2018

It's probably not fraud, but appears to be breach of contract on the part of the contractor.

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2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: What is the best way to fight errors made by a builder on an option contact after the contact has been signed?

After my initial appointment to select options or upgrades for our home I made another visit a month later to make changes to bathroom tile selections. The person at the designer office helping me failed to change the color and tile size of the tile during that visit for our master bathroom to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 5, 2018

Start by asking them to re-do it the way you ordered.

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1 Answer | Asked in Construction Law for Florida on
Q: We got a local building permit - when our contractor says it'll be built to code, he means state not local codes, right?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2018

No. "Built to code" suggests all applicable codes, state and local.

Q: I have purchase with sellers who used their attorney as escrow agent. They refuse to show me escrow statements in fl?

Attorneys are trying to get me to sign a cancellation where sellers (who are holding the escrow and not attorneys) will keep my emd. Sellers never disclosed septic, electrical and structural damage and I found out from code enforcement that they were cited in 2011. Sellers also made false claim to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 30, 2018

A lawyer is involved on the other side. You need to hire your own lawyer to deal with this situation.

This is way more complicated than this site is designed for.

Good luck,

1 Answer | Asked in Construction Law for Florida on
Q: I am a contractor in Florida, and I thought I was doing my customer a favor by signing a document for them and then no

I am a contractor in Florida, and I thought I was doing my customer a favor by signing a document for them and then notarizing it as well, to expedite a change in the Notice of Commencement., they found out about it and is very angry that they saw a signature that wasn't theirs and my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 25, 2018

If you are a notary, your commission can probably be cancelled. You are also perhaps in trouble with the surety on your bond, and may face criminal charges as well.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: When a contractor bills substantially higher than the amount of original proposal how is this resolved?

Painting quoted at $15k and billed at $24k, drywall quoted at $8k and billed at $20k. If he brought in subcontractors that cost more to complete the work is this our extra cost or his?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 22, 2018

Short answer. If you had a signed contract for the work to be done the price is fixed or should be fixed. However, you state that you only had quotes and you do not state any thing about a signed contract.

You need to get off line and consult with a construction litigation attorney in...
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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: licenced contractor, written proposal but no contract, we haven’t signed anything relating to costs, now bill is absurd.

We completed a renovation with a licensed contractor. We received a written proposal which we agreed to by email but not in contact or written form. The scope changed in some areas which we agreed to verbally and in text/email but not writing. Now the final bill has come in on items in original... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2018

What makes you think emails or texts are not "in writing"? They are not on paper, perhaps, but they are obviously in writing.

Your email agreeing to the proposal constitutes an acceptance of the proposal and thus a contract.

If you agreed to change orders, you are...
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1 Answer | Asked in Contracts, Construction Law and Consumer Law for Florida on
Q: We own a vacation rental home in Cape Coral, FL. I had a company resurface my pool deck.

We agreed in the contract that it will be done at a certain time frame at which my house was not rented. They didn't even start the day they were suppose to finish and I had to relocate guest to a different property and had to pay that property owner rent. I took off this rent from the final... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 18, 2018

You do not have the right to just deduct the amount from their final payment. However, you would have the right to sue them for breach of contract and damages. I suggest that you consult with an attorney in your area. However, I suggest that the sum of $948.00 is probably not worth hiring an... View More

1 Answer | Asked in Contracts, Construction Law and Consumer Law for Florida on
Q: If a contractor rights up a change order to change the color of the granite countertops but forgets to put the color on

If a building contractor Writes up a change order and forgets to include the new change on the change order is he responsible .

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 21, 2017

Didn't he give you a copy? Did you look at it?

1 Answer | Asked in Real Estate Law and Construction Law for Florida on
Q: Lights were stolen from my homesite and the builder is saying he won't pay for them to be replaced. who is responsible?

With the permission of my builder I bought lighting for my home on my own and not through the builders vendors. I delivered it to the worksite under direction from the builder and at the time he designated. The site was then secured by the project manager. The night before the lights were to be... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Dec 16, 2017

Essentially, if the builder did not put the lights there then his insurance probably wouldn't pay anyway. You putting your lights on the property would come under your insurance policy for theft of personal property. It may be made under your existing homeowners policy. Have a talk with... View More

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