Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies of the homeowner are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides for a further regulatory scheme regarding construction "defects" that may well apply to this situation. Furthermore, Florida law does regulate the construction trade, and a failure to complete work, may, and I stress may, give rise to a claim of abandonment under Chapter 489. If the fence contractor failed to provide the work as was promised in the contract or complete the job, there may well be claims for breach of contract.
At the end of the day, anything more than the most general of comments as to constructuction disputes requires actual review of the written agreement together an analysis of the very specific facts and whether or not claims for breach are worth pursuing. For instance, it might be difficult to prove damages resulting from a minor deviation from specified materials that does not affect the appearance or functionality of the fence. Given the total amount of the fence contract, it would certainly be prudent to at least consult with experienced construction law counsel in your area. I wish you luck.
Answered on Apr 08th, 2024 at 8:51 AM