We hired a contractor (Uri of OU Construction) to remodel our bathroom about a year ago and he had a guy do the demo work. He continually asked for money stating that he would need it for the next phase of the project but he only did demo and put up drywall. He then got upset when I hired a plumber to add a second shower head to the bathroom and said that because we hired a different guy and didn't give him the added job that he would not be returning unless we paid him to remove what was done then pay him to do the job that someone else had already done. We explained that we won't be paying him to do the shower head. $8700 later we still have no bathroom. He also asked to be released from contract in exchange for finishing the vanity area. We said no, so we still have no master bath.
In my opinion your issues are too complicated for a simple yes or no action to either question. You should take the time to retain an attorney that has some understanding of construction law matters and disputes between owners and contractors. You should make an appointment with the attorney so you can bring the contract and all documentation concerning the project, including any notes or correspondence. I would recommend you do so as quickly as possible.
This response is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed. The response is given for informational purposes only based upon the limited facts set forth in the question. To the extent additional or different facts are presented, the response might change.
Construction / Development Lawyer
You potentially have a grounds to terminate the contractor for nonperformance. Additionally, you may have recourse throught the Florida DPBR. However, in order to properly determine this matter you need to review the contract and discuss the facts with an attorney that specializes in construction litigation.