Legal Question in Construction Law in Florida

Breach of Contract?

On August 15th my mother entered into a contractual agreement with a fiberglass pool contractor. She gave them a down payment at that time for $2,850. This amount cleared on her account on August 21st.

On August 26th the company tells me they are getting ready to go for permitting. Then yesterday, the 28th, I get a call from their office manager telling me the contract is invalid because the amount agreed upon was incorrect due to a computer glitch. I called the owner this morning to resolve the situation. He ''informed'' me that his lawyer said it was okay to issue a refund to nullify the contract, since they hadn't ''gone forward'' on any work. Wouldn't the fact that they cashed her down payment signify ''going forward'' and they are now acting in breach of contract?

I will be refusing the attorney's letter with the refund. I just need some advice to go forward and make sure I'm not on the wrong track here. Aren't they legally obligated to fulfill the terms of a signed contractual agreement, especially one where they have deposited the other party's down payment?

Thank you so much.


Asked on 8/30/02, 4:37 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Breach of Contract?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication.

Based on the facts that you have provided the pool contractor would likely be bound to the contract and be obligated to perform. If the Contractor refused to perform and you hired a completing contractor, and the completing contractor's price was higher, then you would be entitled to sue for the difference.

However you may not sue to force the pool contractor to perform, because slavery has been abolished. But you may sue for the damages sustained by you.

Should you need further assistance, you may contact me at (305) 769-3000. Good luck.

Sincerely,

Randall Gilbert

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Answered on 8/30/02, 5:12 pm


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