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Florida Construction Law Questions & Answers
1 Answer | Asked in Construction Law for Florida on
Q: Does a seller need to disclose a public record listed as 62,000 for storm repair if this took place prior to him owning

It. His angent said "he had to disclose it" and add it MIGHT have been a sink hole repair.

Robert Jason De Groot
Robert Jason De Groot
answered on May 13, 2013

A seller is required to disclose things that they know about, in a residential sale.

1 Answer | Asked in Construction Law for Florida on
Q: Do architects, when charging a % of the cost of project, have sales tax deducted from total cost to calc. total fee?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 8, 2012

That would make the best sense. Ask the architect.

1 Answer | Asked in Construction Law for Florida on
Q: My contractor in Florida was supposed to build my house, but he didn't finish it, and now he filed for bankrupty

He didn't list or claim me in his bankruptcy filing.

I contracted with him to build my house, but it's not done.

Do i have any legal recourse?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 8, 2012

Well you can spend thousands of dollars paying an attorney to try, that's try, to sue. Or you can just get the house completed yourself. You may need an attorney to fight sub contractor liens. But how much is left to be done?

1 Answer | Asked in Construction Law for Florida on
Q: 20 homes of the 49 in our subdivision have stucco damage. Insurance adjuster says it's faulty work. Need an attorney in Florida

The attorney should go after the builder. Our subdivision in Tampa Fl, has 20 homes that were poorly constructed and we have thousands of dollars in stucco damage due to poor workmanship, No response from the builder, and our Home Owners Association wants to go after the builder.

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 8, 2012

Hire a local attorney to sue.

1 Answer | Asked in Construction Law for Florida on
Q: Home owner wants to sue for not pulling permit after not wanting to pull permit to save money
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 8, 2012

That would be a major reason as to why you always pull permits. Hire an attorney, file a lien.

1 Answer | Asked in Construction Law for Florida on
Q: I have a bank of america loan for just land now for 7 years. do i need to tell them anything or can I just build a house
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 8, 2012

Read the mortgage documents. If you make any improvements, there should be a clause which requires you to notify them.

1 Answer | Asked in Construction Law for Florida on
Q: I have had a fraudulent general contractor put a lien on a property under a non existing company how do i fight this
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 8, 2012

Hire an attorney. Certain things can be done to remove potential construction liens. This is a very complex avenue of Florida law and these are the types of cases I like to handle. Demands can be made which if not answered correctly can wipe out the lien.

1 Answer | Asked in Construction Law for Florida on
Q: Can I file a lien against a company for not paying me and firing my company with no just cause?

I was doing a remodeling project for them

Robert Jason De Groot
Robert Jason De Groot
answered on Jun 29, 2012

No, you have to file a lien against the property. You would sue the company and get a judgment.

1 Answer | Asked in Construction Law for Florida on
Q: Is there a private cause of action by an owner against a contractor for misapplication of construction funds?
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 29, 2012

It depends. We would need more facts in order to anwer this question. Hopefully, the problem has been resolved.

1 Answer | Asked in Construction Law for Florida on
Q: Does the lein statute allow contractor file a lein against me for "profit and overhead" as a line item in his billing ?
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 29, 2012

If you have requested the statement pursuant to a particular statute, the contractor must give an itemized statement under oath within 30 days, or face losing the lien. This answer probably comes way too late to do anything about your circumstances.

1 Answer | Asked in Construction Law for Florida on
Q: If a contractor is working on a roof and it rains while the roof is off can the homeowner refuse to let them fix Problem
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 29, 2012

Hopefully, your problem has been resolved by now. You do not give enough facts for me to be able to answer this question. Rain is something that is to be expected here in Florida. The contractor should take care to avoid rain by having sufficient covering to protect against it. But a homeowner... View More

1 Answer | Asked in Construction Law for Florida on
Q: I am a framing contractor in florida and i need to file a lien aon a job i did for a home owner. what kind of form do i
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 29, 2012

You must strictly follow the statute, as well as the case law regarding some of the statutes. Forms can be obtained, but may not say the right things. You should learn how to do it properly from an attorney in your area who knows the process. Set up an appointment with one, time is running out.

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