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It’s been 6 weeks with nothing done and their excuse is we have other pools we are working on, is that a claim they can say to not work on my pool legally
My other question is when does the time start for my pool to be completed if we signed a contract on April 1 let and made deposit, the... View More 
answered on Aug 19, 2020
The pool contractor's deadline is solely based on the contract language, and if there is no language about that, then based on a "reasonable" time to complete the job. Your issue is common with pool contractors, as well as other types of home construction contractors. You should... View More
Construction project in front of the shopping center where my restaurant is located has been obstructing traffic to the point that during certain times of the day there is 1 lane width of an entrance meant to double as an exit, causing congestion and frustration for all patrons. We are unable to... View More
answered on Aug 17, 2020
IMO, you are wasting your time complaining about road construction improvements ("progress") not controlled by either your city or your county government. The State of Florida, Department of Transportation has statutory authority to do whatever it thinks needs to be done when improving... View More
We rent a condominium in Aventura, FL. Recently we had an electrical inspection, where the result was the condo being condemned. The owner wants to sell instead of repair the problems. Is there anything we can do?
answered on Aug 13, 2020
Unless you have a written lease that says otherwise, you are not obligated to pay any more rent because you will be required to move. If you do have a written lease you can be sure the landlord will not renew it because he cannot do that if the condo is condemned. Finally, suing is possible, but... View More
In our letter, I told him to get a separate permit for an illegal roof repair he did while we were doing his addition; urged him to get his flooring and cabinets as we had previously agreed; and went over all the work that he privately contracted with our subs behind our backs that he is now... View More
answered on Aug 8, 2020
This sounds to me like a Mexican standoff coupled with a "B" rated chick flick. So rather than try to answer a question that hasn't been asked all I will do is advise you--the general contractor--to stop playing lawyer and hire one-quick. The lawyer you hire will probably tell you... View More
OK
answered on Aug 8, 2020
Wouldn't hurt to try. Doing so wouldn't constitute a breach of contract, if that's what you're wondering.
We signed a contract in late 2019 for a bathroom remodel. We paid a lot up front. They promised the job would be done within 6 weeks. They demolished the bathroom months ago and still haven’t gotten a permit approved, 9 months later, due to their errors.
Edited to answer question: At the... View More
A person injured trying to stop a leak.... they climbed into the attic on multiple occasions over the years to store items and knew not to step on the drywall. The person was injured coming down the ladder when the ceiling caved in and was told by a healthcare worker that had a friend that... View More
answered on Jul 20, 2020
The issue of whether there is liability for the injuries described and the issue of whether it was legal for the A/C unit to be installed in the attic are two separate issues, though if it was illegal, it could be one factor (amongst others) in the negligence analysis. Your local government... View More
My condo was flood in December 2019. Kitchen was destroyed. After 3 months finally got insurance money to fix home. Hired a contractor in March. Agreed on price and put down 50% to get job started. He said he will let me know start date. After almost three more months of waiting he says July 13... View More
answered on Jul 17, 2020
Sure, but not before the contractor has caused some actual damages. Spending too much time to complete a construction job is not actionable. Moreover, no that the work has started the contractor can put a mechanics lien against you house that must be paid someday, or you will not be able to sell it.
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.
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.
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
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
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
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.
My contract is with 'abc roofing'.
'xyz roofing' pulled the permit with a different business name and contractor.
Is this legal?
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
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?
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.
answered on Nov 27, 2019
If I understand your question correctly, you are the tenant, not the owner. So what do you care?
and or have no payment made to them just to me and any other trades involved
Also, the client owns the land already where the home was to be constructed.
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... View More
They are asking for the final payment but I want to cover myself in case it does not pass inspection.
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.
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
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.
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.
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
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
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.
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