Legal Question in Construction Law in Florida

breach of contract by both parties

Simply...Judge finds in builders favor defendant to take nothing on countersuit, however judge finds in ruling that def. is entitled to contract stated pool allowance and pla.

is to complete punch list. Never argued by def. that they breached contract. Problem is Pla. said either pay all the

money I am asking or I will sue and not fix home until all of what I am asking for is in! Problem is contract is clear regarding change orders on ''Site Development fee'' and

Pla. had no supporting evidence except hearsay on Pla. part

that this money was owed. Judges ruling appears to have become null and void to Def. due to breach. Admitted to judge that we owed money but the question was how much. Is

the Pla. not required to act in good faith in regards to fair and equitable business practices? Is Pla. not requir-ed to produce supporting evidence? Is Pla. & Def. not bound by the contract in its entirety? Need facts for the appeal. Thank you in advance and can make evidence, ruling

and transcript available.


Asked on 9/07/02, 11:30 pm

2 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: breach of contract by both parties

Your time to appeal is severely limited. You may have appellate rights but there is another entire issue that you are missing, which makes the court's ruling sound unconstitutional as violating the 13th Amendment to the U.S. Constitution. Contact me and we will discuss. Yours truly,

Randall Gilbert.

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Answered on 9/08/02, 12:56 am
Frank Reilly Reilly Roche LLP

Re: breach of contract by both parties

Your timeframe to file an appeal is most likely very limited. If you had an attorney at the trial level, we recommend that you speak to your attorney immediately regarding the possibility of filing an appeal. If you represented yourself, we highly recommend that you have an attorney handle the appeal ASAP.

Appeals are sometimes very complex legal proceedings that oftentimes cannot be adequately discussed without an "in office" consultation.

Best of luck to you. If we can be of assistance, please do not hesitate to give us a call at 954.229.1008.

Sincerely,

REILLY ROCHE LLP

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Answered on 9/09/02, 9:20 am


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