Get free answers to your Construction Law legal questions from lawyers in your area.
I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More 
answered on Sep 24, 2024
This matter arguably falls under a "construction" defect claim. Florida law provides "in actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action...serve written notice of claim on the contractor, subcontractor, supplier, or design... View More
I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More
answered on Sep 17, 2024
I am sorry to hear that. Unfortunately, these situations occur often with contractors. Florida law provides that you must provide the contractor with notice pursuant to the Chapter 558 process when there is a construction defect claim. Thereafter, the contractor is on notice of the issues and has... View More
The contractor failed to get the necessary inspections so had to tear out work that was already paid for and almost finished. After the inspection he's claiming there's an outstanding balance now. He will now redo any work and considers the contract closed. If I want him to come back... View More
answered on Jun 19, 2024
For construction projects, the parties' rights and obligations are generally dictated by the terms of the contract or agreement. It will be difficult for any lawyer to answer this without reviewing your contract. Florida has a "prior breach" doctrine which can sometimes excuse one... View More
We were advised that developers “CANNOT” use funds from a NY buyer on a Florida purchase. Can you confirm? Thx
answered on Jun 10, 2024
Unfortunately, no attorney here on Justia can address the situation posed here without a review of the contract for purchase and sale and any agreement with the escrow/closing agent. In general, there is no prohibition on out of state buyers purchasing property in Florida, although recent... View More
draws were released to the contractor by the lender without approval and the last draw was released without a certificate of completion. The contractor stated that the inspections were done but the owner never received any confirmation or request for approval of release or notification of release... View More
answered on May 22, 2024
Unfortunately, no attorney here on Justia can review the construction loan agreement with the bank and/or the construction agreement with the contractor as to the terms and conditions and whether the release of the funds was a breach of the agreements. As with many issues relating to construction... View More
In the state of Florida, what is the maximum late payment interest charges a contractor can charge a client for not paying on time? On top of the interest charges can a contractor add a fixed late payment monthly fee? Example 2% late payment fee penalty plus $100.00 per month
answered on Apr 8, 2024
Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides that no combination of... View More
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
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answered on Mar 31, 2024
I understand your frustration with the ongoing construction and the negative impact it's having on your quality of life in your apartment. The early morning noise, dust, and inability to open windows are all valid concerns. Here are a few steps you can consider taking:
1. Review your... View More
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?
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
We are an Engineering company who contracted directly with the owner. No NTO was sent.
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
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?
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
Placement of well according to septic engineering should be much closer to my home and out of the easement.
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
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
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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
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
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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
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
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
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
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
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
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
My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More
answered on Nov 13, 2024
There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More
A Sherriff Officer arrested a 79 year old US Navy Veteran Property Owner on his property of 17 years; without investigating witnesses at the scene, denying the Property Owner's attempt to provide relevant documentation or oral defense; and did not say why he was being arrested. Then brutally... View More
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answered on Aug 31, 2024
To file a Motion to Dismiss based on defective probable cause, you should begin by thoroughly documenting all the details of the arrest, including any witnesses, lack of investigation, and the denial of your attempt to provide evidence. Gather all relevant documentation, such as property records... View More
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.
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
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
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