Archived
Who has the right to sue the homeowner for unpaid construction costs, consisting of remaining half of final billing?
Diane's answer
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Answered on November 27, 2013
The wife may be able to pursue an alternate remedy under an unjust enrichment or quantum meruit claim, especially if the intention of the parties...
Archived
Object to form in a civil deposition?
Diane's answer
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Answered on November 26, 2013
Please review the following on the Florida Bar's website, specifically the section entitled "Speaking Objections and Preservation": ...
Archived
My name is RH. I am victim of fraud. I am seeking a refund of $36,621.65.
Diane's answer
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Answered on April 11, 2013
You may have several actionable claims to recovery losses, including but not limited to, breach of contract, neglience, breach of fiduciary duty or...
I want to file suit for breach of contract, but I don't have the contract. However the person I want to sue has the contract.
Diane's answer
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Answered on April 04, 2013
In general, Rule 1.130 of the Florida Rules of Civil Procedure requires you to attach the contract to your complaint. However, if you do not have...
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In filing a demand letter for non payment in Florida, as a subcontractor, when do I add add'l amounts for attorneys and such?
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Answered on July 05, 2012
Your remedy on a public project is to file a claim on the bond; a contractor has no lien rights against public property. In a notice for...
Can Equipment Lessors File Mechanics Liens in Florida, and How Long Do They Have To File?
Diane's answer
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Answered on April 12, 2012
On a public transportation project, a payment bond is required pursuant to Section 337.18 of the Florida Statutes, but may be waived if the...
Archived
Do I have a case against my lender for improperly dispersing construction loan funds?
(Builder abandoned & took off w/cash)
Diane's answer
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Answered on March 30, 2012
Typically, lenders require lien releases before releasing draws as a matter of practice to avoid losing priority in their secured interest in the...
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Archived
Unlicensed Contractor Made Bad Checks To Supplier, Didn't finished the project.
Diane's answer
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Answered on December 12, 2011
In general, suppliers do have a right to place a lien on your real property for materials provided. However, in your case, it appears that...
Does the General Contractor have any recourse against sub-contractor?
Diane's answer
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Answered on August 25, 2011
A general contractor may file suit against a subcontractor for defective work and delay damages based on an oral or implied agreement. If GC did...
My Contractor demands us to pay for the unfinished work and his worker complains he is not paid. What can we do?
Diane's answer
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Answered on July 24, 2011
You should notify your contractor in writing that pursuant to the contract, the additional 30% is not due until he finishes the floor tile, doors...
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