Are you a consumer (ie, do you own and live in this property), or are you a businessman looking to renovate the condo and sell for a profit (ie, you do not live in it)? Consumers have more state law remedies for this type of contractor behavior. Depending on the state you are in, the contractor may have violated the consumer fraud act, in a number of ways. There is also the question of what documentation, if any, has been signed by the parties. If there is a contract, you clearly have a claim for breach of contract. Even if there is no written contract, there is a claim for failure to perform, and for negligence. The issue then becomes whether a judgment obtained can be collected from the contractor. Is the contractor bonded? Licensed? Does he recognize his responsibility to fix the job, or is he ignoring you? Many open questions, but it seems likely there is a legal remedy.
From what you have stated it seems the contractor has breached any agreement you may have, written or verbal. Indeed, there is under Florida law, an implied in every contract a duty of good faith and fair dealing, which appears to have been breached. Even more significant, under Florida law, the contractor is required to perform its services in a good and workmanlike manner within the prevailing standard of care.
From what you describe, you have numerous claims against the contractor, which can be pursued. Additionally, considerations are the terms of your contract, any prevailing party attorney's fee provision in the contract, and possibly others. However, there are no guarantees, that even if you prevail and obtain a judgment against the contractor, that the judgment will be recoverable.There are many considerations in a case such as this and factors to consider, based upon the terms of your agreement, the cost of rectifying the defects, etc. You can file your claim in small claims court if the amount you seek is $5000 or under. This may be a good option for you considering the amount in dispute.
Mark R Osherow Esq.
Katz Barron Squitero Faust
100 N.E. 3rd Ave
Ft. Lauderdale, FL 33301
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. No attorney-client relationship has been formed by this response and none is intended. Consult counsel of your choosing to obtain specific information about the details of your particular situation.
Much will depend on the specific language of your agreement. However, in a broad sense, your contractor is responsible to properly perform his/her work.
Pursuant to Chapter 558 Florida Statutes, there is a process in place to try and seek resolution prior to having to file a lawsuit. A specific demand can be sent to the contractor providing him an opportunity to inspect an offer to repair the defective work.
This statutory demand requires that certain items be included in such a demand. You should retain experienced construction counsel to ensure compliance.
No attorney-client relationship is created through interaction on this website. No such relationship will be created until execution of an engagement agreement furnished by Malka & Kravitz, P.A.
You can make a demand and request that the tiles be fixed in accordance with standard industry guidelines. If the company refuses t to fix the tiles, then you can consider suing in county court to seek damages for having to hire a new company to fix the tile. If you wish to discuss this further contact me at firstname.lastname@example.org or in office at 954-467-3307.