Legal Question in Construction Law in Florida

Breach of Contract

I have been under contract since December of 1999 for this company to build my house. It is near completion and several things are wrong that were supposed to be taken care of ie: building a lanai on the rear of the house due to consrtuction error ofr materials used. I found out yesterday that the company was supposedly sold to another individual but using the same company name.The new owner/president told me on the phone that he was not installing the lanai since it was not in the contract. I explained to him that the original contract called for different materials to be used and in exchange for the screw up the previous owner verbally agreed to give me certain things. 2 of the thinds have been done and the lanai has not. I sent the previous owner a letter when we agreed to the change in July 2000 as he requested and my realtor also has it on file. Can I make the supposed new owner of the company still build my lanai?


Asked on 12/27/00, 1:38 pm

1 Answer from Attorneys
Stephen Verbit Stephen R. Verbit, P.A.

Re: Breach of Contract

In general, the new owner will have acquired the company including the company's contractual obligations. The new owner would be liable for the original error of using the wrong materials. You may be able to persuade the new owner that the deal the former owner made with you is in his best interests. If not, then assuming you can prove the terms of the agreement you made with the former owner to resolve the issue, the new owner may be bound by that agreement. However, if you go to court, you cannot force the new owner to build the lanai, but you may be able to recover the amount of money it would cost to have the lanai built by someone else.

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Answered on 12/29/00, 7:28 am


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