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Florida Construction Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Construction Law and Gov & Administrative Law for Florida on
Q: What can you do when your public defender does not seem to be working for you but seems to be working for the state

We went to try to get some information off my phone that the Sheriff's Office had and I was told to give him my password so the sheriff couldn't see it and I did and my lawyer was facing me and the deputy was standing a little to the side and behind me and facing the lawyer like I was... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2019

First, any time your lawyer (in this case, your assistant public defender) makes you uncomfortable for any reason, you discuss the situation with him to see if the situation may be corrected. You may have misinterpreted the situation. Almost all attorneys working for the public defender's... View More

3 Answers | Asked in Business Law, Civil Litigation and Construction Law for Florida on
Q: A corporation I owned, which is no longer currently active, is being sued for services provided that caused damages

A corporation I owned, which is no longer currently active, provided services on a construction project in which the owner has filed a lawsuit claiming property damages due to my services at the time. The insurance company covering my corporation during the time of the project, is claiming that it... View More

Griffin Klema
Griffin Klema
answered on Apr 11, 2019

The answer depends on what the plaintiff's claims are. Are they only related to the job performed by you or the company? Only a careful analysis of the complaint will give you the full answer.

Officers can be individually liable for their torts irrespective of the corporation through...
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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Hello. I had a contractor that has a fire pit to finish and no matter how many times he schedules appointments and never

Hello. I had a contractor that has a fire pit to finish and no matter how many times he schedules appointments and he never shows up. On the completion contract it says contractor does not guarantee a completion date. Do I have a case in this matter since the job has taken over a year to complete?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 9, 2019

Yes, but the amount of money involved is probably not enough for you to hire a lawyer. If you have already paid the contractor, perhaps suing the contractor in small claims court will get his attention.

1 Answer | Asked in Construction Law for Florida on
Q: Can I sue a roofer 9 years later if my ceiling collapsed in the last 2 weeks due to their negligence?

Ceiling collapsed due to the weight of gravel/pebbles from old roof resting on ceiling drywall or plaster board. I had a couple inches of little stones on the floor and drywall material.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 11, 2019

No. See Florida Statute 95.11 (3) (a):

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

1 Answer | Asked in Contracts, Consumer Law and Construction Law for Florida on
Q: The contractor took 6 months to finish a job that per the contract was about 10 days. Can we sue for compensation?

We got 5 bids and this one was in the middle, about $69,000. The delays were caused by contractor incompetence. Forgetting to order windows, ordering wrong size, breaking a window which had be reordered, unacceptable sliding door installation which had to to redone, breaking the sliding door frame... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 12, 2019

Perhaps, but your biggest problem will be calculating damages. Stress, by itself is not normally compensable.

1 Answer | Asked in Construction Law for Florida on
Q: Q: This question pertains to a $25,000 Total Deposit that was given to a Builder for Securing a future lot in a New Comn

We were interested in securing a specific lot location ~ but the LOTS turned out differently after the land was graded~ so the New Home Sales Rep recommended another lot & said he would transfer the funds. We were on Military Travel Assignment overseas & would not return for a few weeks... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 30, 2018

It looks like you have asked this question repeatedly. You only need to ask it once; when someone feels that he or she can give you a helpful answer, he or she will answer it.

As I understand your question, the builder has informed you that your $25,000 deposit " is in jeapordy...
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1 Answer | Asked in Construction Law for Florida on
Q: If contractor pulls permit aren't they the only one able to request inspections? If so where is statute referenced?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 23, 2018

It's probably not a statute, but rather city or county ordinance.

2 Answers | Asked in Collections and Construction Law for Florida on
Q: In Florida, we paid contractor in cash 11/22/17. They called July/2018 saying they were not paid. Can they do this?

We paid for a generator installation, and have receipt for initial deposit initialed by electrician on job in cash. 8 months later, accountant for electrician called to say that they had a bunch of accounts showing open balances, including ours. We paid in cash at time work was completed, and have... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 4, 2018

You indicate that "we paid contractor in cash 11/22/17", and that you "have receipt for initial deposit". It is not clear that you have a receipt for whatever balance was due after the initial deposit (which I assume you paid "in cash [on]11/22/17"). If so, show... View More

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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 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 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 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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