Get free answers to your Construction Law legal questions from lawyers in your area.
I completed work on a house in June 2024 following all code requirements. However, I'm being sued by the homeowner who claims I didn't do the work correctly. The court ruled against me by default judgment without my knowledge, as they accepted the opposing attorney's attempts to... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
If a default judgment was entered against you without your knowledge, you may be able to file a motion to set aside the judgment, especially if you can show you were not properly notified of the court proceedings. The first step is to gather all documents related to the case, including the default... View More
I signed a pool construction contract with Presidential Pools in Orlando, FL, in October 2024. They initially promised permits in 6-8 weeks and completion by April, but there's been no progress or communication. I've discovered the business is being sold, and their reviews have declined.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
That’s a frustrating situation to be in, especially when you've trusted a company with such a major investment. If the company hasn’t followed through on their timeline and hasn’t communicated with you, you have every right to question their commitment and seek accountability. A change... View More
I work as a full-time salaried employee for a large construction company in Florida. The contract between my employer and the project owner was terminated with cause before completion, and they are headed to arbitration. Currently, they do not have a project for me to work on, and although... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
That’s an incredibly frustrating position to be in—essentially stuck in limbo without pay, guidance, or support from your employer. In Florida, noncompete agreements are enforceable, but only if they protect legitimate business interests and are reasonable in scope, geography, and duration. If... View More
I hired a contractor to install a fence, and I paid a $1600 deposit. However, the city does not allow the fence in the location agreed upon in the contract. I spoke with the contractor and asked for a refund of my deposit. What should I do next, and how can I ensure I get my deposit back?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
That’s a frustrating situation, especially when you were acting in good faith and the project can’t move forward due to something outside your control. If the city won’t allow the fence to be installed in the agreed location, that changes the core terms of the contract and may give you the... View More
They want us to pay off the original bill, even though the job isn’t done.
answered on Dec 29, 2024
Just refuse to pay. If they sue you, respond with the defense you have indicated.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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
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
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.
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
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
