Legal Question in Business Law in Florida

Your situation illustrates the common need for a basic written contract to cover work performed by subcontractors.

Your conclusion that, because of his sub-standard tile work, he owes you

an amount to correct the deficiency, is reasonable. You can consider offering him an amount

to settle the disputed work/payment, then requiring him to sign a statement that the payment

is acceptable to resolve all issues.

Marda,

This is a common problem and the answer comes from contract law. You need to answer the following questions:

1. Did you have a written (or a well witnessed oral contract) contract with a set price and the project designed with the first tile man?

2. Did you give the first tile man a written notice that he was in breach of contract for material breach of the contract?

3. Was the work of the first up to the community standard and do you have evidence?

4. There is always the issue of a breach of a construction contract of whether the subcontractor's behavior comports with standards of good-faith and fair dealing.

5. If you can say yes to the above then you should be able to show a breach of contract, damages, and the need to correct the defective installation and have the first contractor to have full liability for the cost of correcting the defects.

See an attorney well versed in construction law.

Since the subcontractor refused to cure the defects, it is reasonable to setoff any money due the subcontractor by the amount necessary to correct the defective work.

Note, however, it may be more costly to defend. There is no guarantee that you would be able to collect your attorney's fees and costs. Not to mention the lost of income dealing with this subcontractor.

Ultimately, you will not get what your deserve, you will get what you negotiate. Find out the subcontractors bottom line.