Legal Question in Construction Law in Florida

Breech of contract and liquidation of escrow account

Contracts signed11/03/03.03/08/05 cert.occ given Paid $336,000.00 for house. We own the property. Large punchlist. Most completed, except finish color on driveway finished. We ordered a fiberglass door with impact glass. They ordered a steel door with glass.I have the invoice of their order.Contract stated they have a two year time limit to complete all construction. That lapped on11/03/05. We have 9,663.00 in escrow as an incentive. Their 2 year period is over we still have an unfinished driveway , wrong,broken, and leaking door, and a door we didn't order or pay for. This door was a special order and pre-paid for in advance, a fiberglass door, not a door with a steel door framing fiberglass frame and glass taken from the steel door and placed into a fberglass frame. How doI finalize this nightmare and get them to release our funds.The escrow is signed by us and the builder and resides in our bank? Please help!


Asked on 11/14/05, 10:08 am

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

Re: Breech of contract and liquidation of escrow account

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. If you do not agree, then stop right here, and do not read any further.

RESPONSE: It is difficult to give you advice without seeing your contract however, the following may help... First,look at your contract and see if it tells you what to do in the event of a breach or non-compliance. The contract will largely control what you have to do. If it doesn't say, Florida Chapter 558 puts strict requirements on homeowners to place the contractor on notice of any construction defects, and has other requirements. I do not know what the construction project was for but should you need any assistance after reading Chapter 558, please do not hesitate to let us know.

Good Luck,

Randall Gilbert

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Answered on 11/14/05, 7:52 pm


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