Hired to repair cracks, replace windows and doors and seal and paint house. They delivered cheap product - some of which was different from original agreement. They took advantage of us as we were in a rush to get our home back after a serious mold problem. They have had to redo everything several times and have damaged window treatments, alarm wiring and lawn in the process. They have repeatedly failed inspections, have made excuses for delays and have been very unprofessional. If and when they pass final inspection, can I withhold final payment and/or sue them? What is the best way to approach this?
You are entitled to have all of the issues (like damaged alarm wiring, lawn, etc.) repaired by the contractor, but Florida has a specific statutory procedure (Chapter 558) that you must follow to obtain the repairs. What you are entitled to as a result of the delays depends on the language of your contract. I would suggest that you obtain the advice and counsel of a construction lawyer, as the construction defect statutes are tricky. Many lawyers will provide you with a free initial consultation. You can contact the Florida Bar for a list of lawyers in your area who are certified in construction law or you can do a search here on AVVO.
This response is not intended as legal advice or to establish an attorney-client relationship. It is for informational purposes only.
Hi there--I agree 100% with Atty. Price---follow his instructions. Good luck, and sorry to hear about this.
Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.
I have no idea if your problem is a large one or small one, financially speaking. Are the problems all resolved now? Is the remaining problem that you are experiencing "just" frustration? These questions and many more should be discussed with a Florida Bar Board Certified Construction Attorney. That attorney will advise you regarding each of the items raised including, a Florida Statute 558 notice, what does your contract provide for dispute resolution, are attorney's fees recoverable etc. Options include small claims court or arbitration without counsel, giving the contractor bad reviews online, contacting the Better Business Bureau, complaining to the Construction Industry Licensing Board and more. To get a handle on the problem, call a competent construction litigation attorney and get some advice. It could save you a bundle.
Good luck with getting the work done. Living in a constant state of construction and disorganization can be draining. Best regards.
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