QUESTION

abandoned contractor property

Asked on Dec 12th, 2024 on Contracts - Florida
More details to this question:
The Contractor unexpectedly demanded additional payment beyond what our contract stipulated, pressuring me to accept an expensive change order for an upgraded “bomb-proof” impact window instead of the standard hurricane impact window initially discussed. This request was not only above my budget, but also not clearly itemized in the original agreement. The cost the Contractor quoted for the window alone exceeded $2,000. The Contractor has effectively abandoned the uninstalled window since October 2024 and failed to meet the contract terms, do I now have the legal right to claim or dispose of this unclaimed property as I see fit? I need to know if I may sell, discard, or otherwise use the window without risking legal repercussions, and whether I can move ahead with hiring another contractor to repair the damage they left behind. I would greatly appreciate your counsel on this matter, including any relevant Florida statutes, regulations, or case law that apply.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
You will need to retain a lawyer to review your contracts in detail. Such repairs are usually subject to a construction lien and simply declaring that the contractor abandoned the job and keeping the material is likely to be a problem. Oherwise you run the risk of a lawsuit and a foreclosure action. 
Answered on Dec 13th, 2024 at 9:03 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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