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Florida Construction Law Questions & Answers
1 Answer | Asked in Construction Law for Florida on
Q: We got a local building permit - when our contractor says it'll be built to code, he means state not local codes, right?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2018

No. "Built to code" suggests all applicable codes, state and local.

Q: I have purchase with sellers who used their attorney as escrow agent. They refuse to show me escrow statements in fl?

Attorneys are trying to get me to sign a cancellation where sellers (who are holding the escrow and not attorneys) will keep my emd. Sellers never disclosed septic, electrical and structural damage and I found out from code enforcement that they were cited in 2011. Sellers also made false claim to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 30, 2018

A lawyer is involved on the other side. You need to hire your own lawyer to deal with this situation.

This is way more complicated than this site is designed for.

Good luck,

1 Answer | Asked in Construction Law for Florida on
Q: I am a contractor in Florida, and I thought I was doing my customer a favor by signing a document for them and then no

I am a contractor in Florida, and I thought I was doing my customer a favor by signing a document for them and then notarizing it as well, to expedite a change in the Notice of Commencement., they found out about it and is very angry that they saw a signature that wasn't theirs and my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 25, 2018

If you are a notary, your commission can probably be cancelled. You are also perhaps in trouble with the surety on your bond, and may face criminal charges as well.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: When a contractor bills substantially higher than the amount of original proposal how is this resolved?

Painting quoted at $15k and billed at $24k, drywall quoted at $8k and billed at $20k. If he brought in subcontractors that cost more to complete the work is this our extra cost or his?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 22, 2018

Short answer. If you had a signed contract for the work to be done the price is fixed or should be fixed. However, you state that you only had quotes and you do not state any thing about a signed contract.

You need to get off line and consult with a construction litigation attorney in...
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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: licenced contractor, written proposal but no contract, we haven’t signed anything relating to costs, now bill is absurd.

We completed a renovation with a licensed contractor. We received a written proposal which we agreed to by email but not in contact or written form. The scope changed in some areas which we agreed to verbally and in text/email but not writing. Now the final bill has come in on items in original... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2018

What makes you think emails or texts are not "in writing"? They are not on paper, perhaps, but they are obviously in writing.

Your email agreeing to the proposal constitutes an acceptance of the proposal and thus a contract.

If you agreed to change orders, you are...
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1 Answer | Asked in Contracts, Construction Law and Consumer Law for Florida on
Q: We own a vacation rental home in Cape Coral, FL. I had a company resurface my pool deck.

We agreed in the contract that it will be done at a certain time frame at which my house was not rented. They didn't even start the day they were suppose to finish and I had to relocate guest to a different property and had to pay that property owner rent. I took off this rent from the final... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 18, 2018

You do not have the right to just deduct the amount from their final payment. However, you would have the right to sue them for breach of contract and damages. I suggest that you consult with an attorney in your area. However, I suggest that the sum of $948.00 is probably not worth hiring an... View More

1 Answer | Asked in Contracts, Construction Law and Consumer Law for Florida on
Q: If a contractor rights up a change order to change the color of the granite countertops but forgets to put the color on

If a building contractor Writes up a change order and forgets to include the new change on the change order is he responsible .

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 21, 2017

Didn't he give you a copy? Did you look at it?

1 Answer | Asked in Real Estate Law and Construction Law for Florida on
Q: Lights were stolen from my homesite and the builder is saying he won't pay for them to be replaced. who is responsible?

With the permission of my builder I bought lighting for my home on my own and not through the builders vendors. I delivered it to the worksite under direction from the builder and at the time he designated. The site was then secured by the project manager. The night before the lights were to be... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Dec 16, 2017

Essentially, if the builder did not put the lights there then his insurance probably wouldn't pay anyway. You putting your lights on the property would come under your insurance policy for theft of personal property. It may be made under your existing homeowners policy. Have a talk with... View More

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Florida on
Q: Who owns Architecturals? Previously planned for 3bldgs (12 apt each) - he only built 1 bldg. Sold remaining land to me

Previous owner/developer & I are on good terms. He built bldg 1 around 2005. I purchased the remaining land last month and want to build the other 2 bldgs as they are designed.

Problem is the Engineer who designed/engineered all 3 bldgs is now basically retired. I reached out to him... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 14, 2017

So you are asking if the original engineer, or the original owner, has some sort of copyright protection. Probably not, but I would consult with a new architect and get that person's opinion. You might also send the original owner and engineer letters declaring your intent to use the design... View More

2 Answers | Asked in Contracts and Construction Law for Florida on
Q: Signed a contract and gave deposit to have building built. The contractor was single owner LLC based on his website.

He passed away due to unexpected illness before starting. His girlfriend had been answering text to his phone, she says no one is handling buisnes issues. what should i do to get my $ back, or a least get judgement so i can take loss on taxes? $4000 deposit.

Mark Siegel
Mark Siegel
answered on Dec 1, 2017

You can get a tax deduction for business bad debts. To get your money back you could file suit against the LLC or you may have a basis to file a claim against his estate, if one has been opened. Or, you could open an estate as an interested party, but this would involve costs to you up front with... View More

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1 Answer | Asked in Consumer Law and Construction Law for Florida on
Q: My floors were damaged during the install of my new countertops 3 months ago. How long do they have to fix the problem?

I have emails documenting my communication with the company about having someone come to look at the damages as well as text messages with the owner following his inspection asking when the floors would be fixed. They have just called saying they can send someone out to do the repairs next week but... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 6, 2017

I seriously doubt it. You contracted for work to be done to your house. You apparently still owe a balance. If the installer damaged your floors then they should be responsible to fix it. However, your bill to them and their obligation to repair the damages do not overlap, they are completely... View More

1 Answer | Asked in Construction Law for Florida on
Q: Regarding Florida Statue 558. Are the days counted for inspection period and written response business or calendar days?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 26, 2017

Unless a statute provides otherwise (and in the case of Chapter 558 of the Florida Statutes, it doesn't) it would be calendar days,

1 Answer | Asked in Civil Litigation, Collections, Construction Law and Consumer Law for Florida on
Q: In a florida civil court judgment is there a specific method of payment to plaintiff?

Contractor told to stop work due to collusion with claim adjuster placed fraudulent lien on home and was awarded a summary judgment with no specified method of payment, but attorney refused to accept check from insurance company payable to plaintiff wanted check payable to himself yet court record... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 25, 2017

Sorry but your question doesn't quite make sense.

It sounds like you had an attorney and won your case and now have a dispute with your attorney over the settlement check.

You need to hire an attorney to address these questions or work out your differences with your current attorney.

1 Answer | Asked in Construction Law for Florida on
Q: Am I legally responsible for removing window screen to have pest company spray for spider infestation?

I live on the third floor of a four floor condo. My windows are infested with spiders. You can see the egg sacks hanging outside on all 5 extremely large. I informed the management company and they sent over the pest guy who spray our building monthly for pest. Upon arrival he wanted me to remove... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2017

It depends on the terms of the contract between him and the management company.

1 Answer | Asked in Contracts, Construction Law and Consumer Law for Florida on
Q: Can an unlicensed person contract with a homeowner to do construction? He initially represented himself as licensed.

My 78-year-old mother who is legally blind signed a contract with an unlicensed (UL) person to make repairs to her manufactured home. He then hired a licensed contractor to do the work. It was very minor and the work required entailed replacing the flooring, drywall, baseboards, doors and painting.... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 9, 2017

Potentially yes. It is illegal to contract without a license. It is also a crime. Alert the police and ask them to investigate.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Am I obligated to pay a cabinet contractor the balance of the contract if work is poor workmanship and incomplete?

Our 4 week project is going into 12 weeks. Dimensions are wrong, finishes are wrong and doors too small with gaps.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 2, 2017

Best answer based upon the limited facts here. No.

Sounds like you may need to bring a claim against the cabinet maker for breach of contract. Also if you don't pay he may bring a complaint against you for alleged breach for you not paying. Either way you are on a collison course to...
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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: Is there an amount that can be recovered in addition to atty's fees & costs if suit is brought for nonpayment (ie 3x)?

Info for Construction contract

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jul 24, 2017

I can't really say that your case qualify's for a treble damages scenario. Typically you have to give a notice in advance for civil theft and then follow all the steps. If you already filed your case you most likely do not qualify. If you have not filed yet, you must meet the elements... View More

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2 Answers | Asked in Civil Litigation, Construction Law and Small Claims for Florida on
Q: I am a plaintiff in a small claims(court date in a week) and just received a motion to dismiss. Do I need to respond?

I dealt and paid a contractor and they paid the vendors. I was deceived on a specific countertop material. I had to sue the contractor since I went through the contractor and they paid the stone company. The contractor has a motion to dismiss based on I didn't sue the stone company.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jul 21, 2017

You do not have to respond in writing to a motion to dismiss by law. However you can make a response if you desire to do so.

Good luck.

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1 Answer | Asked in Contracts, Construction Law and Real Estate Law for Florida on
Q: I am legally obligated to pay the builder for change request and if the builder can currently put a lien on my home?

I had a home built in 2013 and at closing the builder/realtor provided me with a change request for driveway pavers that I did not request or authorized. The builder stated all the homes in the neighborhood had them and I needed to pay. I signed the change order in ignorance and agreed to pay the... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jun 20, 2017

Under the facts as you state in your question, I do not think that the builder can place a lien on your property now based upon the amount of time that has passed. A builder has a limited amount of time after completing the construction in which to file a lien. I suggest that you may want to sit... View More

1 Answer | Asked in Construction Law for Florida on
Q: How do I know my builder is constructing everything to code? Do they have to be licensed?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 16, 2017

They are required to be licensed, but some builders are actually unlicensed. Ask to see proof of a license or look it up online.

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