Florida Construction Legal Questions

An attorney would need to read the contract to see if there are any "loopholes" which allow a price increase for subcontractor and material costs, etc. If there are no such provisions, then yes, a failure to proceed at the agreed upon price would likely constitute a material breach. It is always wise to have an attorney represent you if a large amount of money is involved, whether it is a lawsuit or an arbitration.... Read More

Unfortunately, as with many issues relating to construction, many of the rights, responsbililites, and remedies of the parties are derived from the terms and conditions of the writtem construction contract and manufacturer's warranty, which no attorney responding to questions on this Q&A site can read.  Most such contracts have specific provisions of where and how notice of claims is to be made and these are almost always in writing by a specified method of delivery to specific invidiuals or departments.  As a practical matter, you can carefully review the construction agreement and the warranty on the tile and make your claims formally via the specified method to both of them and include in the written notice the history of the previous attempts you have made to resolve the issue.  You may have to do some hunting on the manufacturer's website to find its warranty information if the roofing contractor has not provided you with this information.  It is always possible that making the formal demand may get a more positive response.  As with most issues relating to construction defects and disputes, it is almost always the prudent step to at least consult with experienced construction counsel in your area as this area of law is complex and compliance with presuit defect notice process under Chapter 558 of the Florida statutes would likely be required before litigation or arbitration can be filed. ... Read More

The facts presented here certainly indicate the homeowner should have serious concerns about the future performance of this contract.  Having already provided over $100,000 to the contractor, having zero work performed, and being told the contactor cannot perform due to lack of "financial backing" are facts which suggest things are likely to go very wrong indeed.  Unfortunately, this situation, as with most construction related disputes, requires a review of the actual construction contract as the terms and conditions thereof will provide a guide to many of the rights and remedies between the parties as well as applicable notice provisions.  There are likely a number of statutory provisions regarding the regulation of the contracting trade that may apply, but again, in construction disputes, these require a review of the very specific facts to provide any proper analysis. This situation merits consultation with experienced construction counsel in your local area without further delay.  Wishing you the best of luck.... Read More

I am very sorry to learn of the difficulties you are having with this solar installation.  Unfortunately,  questions by homeowners regarding a whole host of issues with solar providers are all too common both on these attorney Q&A sites as well as presenting to our local Legal Aid organizations.  The Florida Attorney General's office has recently taken action against several of the most disreputable solar providers and there are many that have gone out of business leaving the owners holding a defective bag. Sadly, solar installers and roofers are two separate licensed trades and issues of leaking roofs after solar installation is farily common as the installation of the solar panels may penentrate the roof's waterproof barrier and void the roofer or manufacturer's warranty.  In this case it appears there was a reroof after the solar array was installed and it is not clear which entity removed and reinstalled the solar, but it is typically the solar companies responsbility to reconnect the solar to the electric grid as this work does not fall within the scope of a roofing license. These situations are factually complex, but it would be prudent to make formal written demand for correction of the issues under the notice terms of the agreements in place with both contractors (these typically provide that notice has to be in writing, delivered by specified methods to specified individuals).  It may also be prudent to schedule an on site meeting with representatives from both entities to be present at the same time.  Another practical step is to have independent roofer/solar installers look at the issues and give you their opinions as to what needs to be done.   If you are unable to get to the bottom of these isues, consultation with experienced construction counsel in your local area may be required.  I wish you the best of luck.  ... Read More

Unfortunately, it appears your success in the original arbritration proceeding was in vain, given that the court dismissed the case which was attempting to enforce the arbitor's award in your favor.  One suspects, without knowing, the the court dimissied the case for lack of personal jurisdiction over the defendant in the original proceedings.  Having served a notice of arbitration and not having receiving any response or appearance from the named defendants, proceeding with (and incurring the cost of) the arbitration proceedings involved some level of risk.  Dealing with franchises can be a tricky business, as depsite the purported value of dealing with a trusted branded company, often the fine print leaves the homeowner with remedies only against the stand alone franchisee.  Whether or not the original arbitration proceedings can be reopened or whether new proceedings need to be instituted against the correct defendant, may be a matter of the procedural rules of the private arbitrating authority.  Whether or not the court proceedings, which were dismissed without prejudice, can or will enforce the award will require an actual review of the filings in the arbitration and trial court.  It would be prudent to consult with construction litigation counsel to at least review this matter on your behalf.  I wish you luck.    ... Read More

Unfortunately, this question falls within the majority of construction related matters for which little by way of guidance can be provided in an internet forum.  Construction typically require review of the actual terms and conditions of the written agreements together with an analysis of the specific facts for any sort of substantive response.   For this matter, a review of the contract(s) with the public adjuster and/or the remediation contractor is likely required.  Since you apparently are or were already represented by counsel who has knowledge of the factual background of this matter, it would be prudent and likely most cost effective to discuss these issues with your existing counsel.   ... Read More

I am sorry to learn of this unfortunate situation and homeowners are typically at a substantial disadvantage when dealing with devleopers without an attorney.  The removal of the sales representative with knowledge of the situation and the potentially fraudulent initial on the layout does not bode well for informal direct resolution of these issues with the developer.  This situation requires an attorney review and analysis of the specific facts and the sure to be lengthy contract, plans, and related documents to hopefully give you some leverage in resolving these issues.  Look for an attorney who has experience with real estate litigation in your area to assist.  I wish you luck.... Read More

Hi Alina, In most cases the Assocation is responsible to maintain the common elements, and this includes preventing water leaks from the exterior of the building. If the Assocation fails to make needed repairs to the common elements, a unit owner can file a lawsuit for the property loss and other damages. Feel free to contact me should you have any questions.... Read More

You can sue, but dont try to do so on your own. These homebuilders have will have very experienced lawyers on their side, and you should too. Gather all of your closing and inspection documents and reach out to an attorney who specializes in construction defect claims. Most do so on a contingency fee basis, and initial consultation would be free. ... Read More

Ultimately the Builder is responsible for the acts of its subcontractors in these cases. At this point if neither are willing to do anything to remedy the situation I would reach out to a lawyer who practices construction defect litigation to assist in your claim. Unfortunatley you probably wont get anywhere without one. If not, it will cause you problems not only now, but down the road if you sell the home. You will have to disclose this issue and probably discount for it if it isnt properly remedied. ... Read More

You may very well have a claim against the contractor which may include your expenses, loss of use, lost profits etc., but it will depend on a number of factors. Was a there a contract between you and the contractor? If so, the terms may govern what your rememdies are. If there was no contract, there still may be other causes of action available. There likely would not be an action against the landlord unless there was some relationship between them and the contractor which would impute knowledge/control over the actions of the contractor. You should contact a Florida attorney who handles construction defect cases. Most would offer a free initial consultation, and some may take your case on a contingency basis, meaning no fees or costs unless you recover. Good luck.  ... Read More

Potentially you may be correct. Construction defect litigation, however, is very fact specific. Additionally, the permit dates, COE, the contracts, subcontracts, warranties, and any guarantees will come into play in this case. As well as any repair work completed on the project. I recommend that you contact an attorney with experience in construction defect litigation to review your case. ... Read More

The question first must be asked as to why the Association was in the Unit performing work?  Was there notice; was there an "event" that caused damage to your Unit or others?  An Association has the right of entry in emergency situations to prevent further damage.  However, they don't usually move forward with extensive work without first some notice and opportunity to address the claim.  Unfortunately, there are not enough facts outlined to really answer a question.  If you have further information feel free to email me dinverso@nhlslaw.com... Read More

Well, my biggest advice would be to make an appointment with an attorney to have a confidential consultation sooner rather than latter.  The basic information that needs to be obtained is to figure out who is at fault, what exactly happened (i.e. where is the negligence), what your injuries are and what your treatment will entail, and then, finally, what ultimately will be your damages.  As part of this, your attorney will make a demand to find out if the party has insurance coverage on the matter.  Generally, the big step once these determinations have been made and the totality of your injuries and treatment is completed and damages are known will be to send a demand package the party/party's insurance.  If no settlement can be obtained, should you choose, your attorney will file a law suit and proceed through litigation.  At the consultation, with all of the details on the table, your attorney can give you better expectations regarding your case, including strength, time, etc.... Read More

In a nutshell, no.  And while you're at it, make sure the funds clear before signing, or put a contingency in the waiver that it is subject to "clearance of funds."   Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com  ... Read More