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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
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
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.
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
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
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
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
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
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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.
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
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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
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
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
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
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
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... View 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... View More
I want to make sure that I my relationship with a contractor is terminated when they cash my check
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
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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... View 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... View 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... View 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... View 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... View 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... View 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)... View 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... View More
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