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Florida Construction Law Questions & Answers
1 Answer | Asked in Construction Law for Florida on
Q: If I'm injured by falling debris while walking under building construction that was commissioned by the city, do they

have immunity over any sort of suit I might file?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 30, 2017

While the city's sovereign immunity may (or may not) insulate it from liability, the contractor would not be immune.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Can I get my deposit back in a pool contract if the pool can not be built due to city setback codes?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 27, 2017

The answer to your question will be determined by your contract with the pool company. I suggest that you consult with an attorney in your area to get specific advice regarding the contract.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: My roofing contractor is not using the material listing on our contract. Do I pay him? I made him aware of the issue,

The roofing contractor sent a quote, it came to $15,770, I ask if he was using Atlas peel and stick on the whole roof he said yes. I then wrote that on the contract signed and e-mail back to him. Today they started on the roof and after work I stopped buy, its rental property, and noticed he is... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 26, 2017

At this point you need to get a lawyer or at least speak with one to get specific advice on how to handle this situation. Your change to the contract may not have been accepted by him. The point is you need legal advice specific to your case so that you get clear advice by someone who can read and... View More

1 Answer | Asked in Construction Law for Florida on
Q: Do any building codes in Florida require hurricane shutters?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 25, 2016

There are many counties and cities in Florida. One would have to examine the codes of each one to answer your question. If you are in Miami, why not call the building department there and ask them?

1 Answer | Asked in Contracts, Construction Law and Employment Discrimination for Florida on
Q: I'm a licensed contractor and was replaced by someone older therefore better than me at my job, who has no license.

Recently The "owner's executive team" secretly recruited another person for my position. I was told in a meeting that they planned to fire my field superintendent and "I have a tough pill for you to swallow" because we plan to put you (me) in the field to keep construction... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2016

So your job is being changed so that you will work in the field and this new person will be performing your duties in the office. I see nothing in this that is prohibited by law. What is your question?

1 Answer | Asked in Construction Law for Florida on
Q: I'm a lienor, do I have to give my subs actual pay rate or can I use my billable man hour rate both in lien and statemen

I own a painting company, was hired by someone other than owner/builder (he is pretty much organizer I suppose). evaluated work to be done, provided a verbal proposal on site which included 2,500 deposit down and balance of 2,500 upon completion. I submitted a written proposal via email detailing... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 28, 2016

Are you asking whether you can charge him at the hourly rate you owe to your subcontractors, instead of what you would charge to do the work yourself? If that's the rate specified in your proposal, sure.

1 Answer | Asked in Construction Law, Lemon Law and Real Estate Law for Florida on
Q: I bought a house that was supposed to have copper wiring. I almost walked away when there was an aluminum wiring scare.

The previous owner “who builds houses” stated all the wiring in the house was copper and the home inspector said it was copper.

This week I had a new light put in the kitchen and it had aluminum wiring.

What legal recourse do I have toward the previous owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 5, 2016

While you may have had an action for breach of warranty, you didn't indicate how long ago you bought the house. Thus you may have a statute of limitations problem.

Q: I live in Southwest Florida, can you receive unemployment benefits at the same time as work comp check?

I live in Southwest Florida,can a person collect & receive Unemployment benefits at the same time as Workers Comp benefits?My husband injured doing construction. He started not too longer before he was hurt. In fact, When he was injured he was uo for his 90 day probabtion period with his... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2016

Yes. If he was injured on the job he is entitled to workers compensation. If he is no longer employed at that job he is generally entitled to unemployment insurance benefits.

But you should be aware that an employer cannot discharge an employee because he has filed a workers compensation...
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1 Answer | Asked in Construction Law and Real Estate Law for Florida on
Q: contracted home to be built. One day after contractor got CO massive flood ruined flooring and subflooring.

Bank contract states I have 30 days to convert to mrtgage. At least 30 day repair 75000$ what to do? Plumbing error to water softner caused flood. I never took possession of home.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2016

As I understand it, you own the property and contracted with a builder to build the house. A defect in the construction caused the damage. You should demand that the builder repair the damage. The builder should have a bond and insurance. Find out the specifics from these and make a claim.... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I had a lady ask me to help her with a job painting cabinets and doing tile. I am not licenced so helped her find .

I got her a tile guy to help and someone to paint her cabinets. I charged her for consultation and told her I'd help her through the process. Everything went wrong she was at first not happy with the tile but later satisfied. In the end she didn't want to pay him I did pay him some out of... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 14, 2016

it's basically your word against hers regarding whether she gave you cash to pay the tile guy.

1 Answer | Asked in Construction Law, Contracts and Real Estate Law for Florida on
Q: the appraisal came in lower than what the builder wants, they refuse to lower the price. they said they would refund my

deposit but wont say when. i live in an apartment, had to break my lease, now i have no where to live and no money to find a place. is there anything i can do to have them refund my deposit quicker. and i had to pay pay for the appraisal fee then when close i would get the money back for the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 10, 2016

I would sit down with the builder and the appraiser for the purpose of determining if the appraiser made a mistake. If the builder cannot persuade the appraiser, perhaps the builder will see that he is off-base. Does the contract say anything about what is to be done if the appraisal is lower... View More

1 Answer | Asked in Construction Law for Florida on
Q: In a construction project the proposal letter after the bid, becomes part of the contract or not?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 30, 2015

I have to read all relevant documents to answer this question. Go see a local construction contract attorney.

1 Answer | Asked in Construction Law for Florida on
Q: Can a homeowner sue a subcontractor or sue the GC with whom the contract is with

I am a subcontractor who was hired by a GC to do a tile job. After getting 95% done with job I was kicked off because of complaints from the home owner. I subsequently sued the GC and won a settlement for the money that was due to me for the 95% work done. Now the home owner is sueing me for the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 11, 2015

I have to know a lot more and read the contracts in order to answer your question.

2 Answers | Asked in Arbitration / Mediation Law, Construction Law and Consumer Law for Florida on
Q: I am going to be trying a case in civil court in Daytona vs a handyman I need to see wins vs handymen to help my case.

Was going to have an above ground pool, changed my mind due to expense. A local handyman (incompetent) got a check from me for $750 to build a deck that included materials and labor ($15hr) I would add more $ at completion. In mediation he said he was getting $25hr-outright lie. I'm using FL... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 31, 2015

You need to get an attorney. Ask the clerk about this. Good luck.

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1 Answer | Asked in Construction Law for Florida on
Q: Do i have to pay contractor for work that was not on contract and a price was never discussed
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 25, 2015

Attorneys deal in facts and the law, and without the facts we cannot apply the law. It depends upon the facts. Were the additions absolutely necessary to be in compliance with local code? Has the contractor submitted a claim of lien. Can the contractor prevail in a quantum meruit suit? Go see a... View More

1 Answer | Asked in Construction Law for Florida on
Q: Can a builder legally install a "new in the box" 7 year old HVAC system in a new construction townhome?

We bought a new construction town home in 2012 and are now having problems with our hvac and found out the builder installed a unit from a previous build from 2005?

Robert Jason De Groot
Robert Jason De Groot
answered on Jun 15, 2015

I would have to read the contract to be able to advise you.

1 Answer | Asked in Construction Law for Florida on
Q: My question is about the length of time a general contractor is liable for faulty work in a condo in Florida.

The kitchen renovation was completed 1.5 years ago. The pipe that they put in burst causing flooding in the condo as well as in neighboring condos. The negligent contractors say they are not liable for work completed 1.5 years ago.

Robert Jason De Groot
Robert Jason De Groot
answered on May 1, 2015

Leave whether there was faulty construction up to your insurance company. Make an insurance claim.

1 Answer | Asked in Construction Law for Florida on
Q: Options of buyer when contractor deliver defective product

We upgraded kitchen granite with $4200 due to the big gorgeous piece builder has at their design center. ''snow-white Delicatus with black pattern'', then we got the yellow tone delicatus granite that doesn't even look close to the sample. And it come in 2 pieces which we... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Apr 26, 2015

Go see a local attorney about this problem.

1 Answer | Asked in Construction Law for Florida on
Q: The contractor started the job without a contract or proposal. he walked off the job & sent us a huge bill.

We have a vacation home that needed renovation. We live about 1000 miles away (same state) We hired a contractor to disconnect and reconnect the house when it was raised. He verbally gave us a quote. We had asked for a written quote but did not get one. The raising of the house started moving... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Apr 14, 2015

I suggest that you go speak with an attorney about this, face to face, and preferably someone who knows the construction lien laws and cases.

1 Answer | Asked in Construction Law for Florida on
Q: we are having an inground pool built. the footer for the screen house has passed inspection, (in florida)

later we noticed it was the wrong size, the builder poured a new footer, which should also have been inspected but was not. what is my future liability if this item remains un-inspected? does the footer need to be removed and repoured? an inspection now would not ensure the enclosed re-bar is... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Mar 12, 2015

I do not have enough facts to answer.

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