Legal Question in Construction Law in Florida

breech of contract

We paid a company a %50 deposit for installation and delivery of doors, hardware, stair treads and window casings in nov 07. Part of the order arrived, and we paid the rest of %50 owed on that product. The owner of the company decided to not complete the rest of remaining product but was going to get us our front door when it was completed. They still have our deposit for the product they have decided not to complete including all installation and will not give it back. They have charged us $3500 in made up delivery and storage fees for the product already given to us, and want to keep our deposit money to pay off those fees and for the front door we still do not have. They will not deliver our front door unless we give them more money and sign a release. The money they have from us is more than what we would owe from the doors and hardware they gave us. And, all the handles are not installable in the condition they were sent and they refuse to replace or fix them as well...that was $5000 alone. This seems like out right fraud to me. What should we do? It has been 6 months since we signed the contract, and we can not CO our new house without doors or stairs?


Asked on 5/31/08, 2:10 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: breech of contract

Go ahead and sue them. Looks like you are at that point.

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Answered on 5/31/08, 12:03 pm
Randall Gilbert Gilbert & Caddy P.A.

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

RESPONSE: I respectfully disagree with Alan Wagner, Esq. Before you just go and sue them, make sure you have written them a notice of all of the defects, complaints, disputes, and disatisfactions you have and give them an opportunity to come back and finish the project. Be sure that your letter is sent via Certified mail with a return receipt, or DHL, or other way of verifying that someone there actually received your letter.

I also recommend you read the article on my website regarding Notice of Claims, pursuant to Florida Chapter 558 which may or may not be applicable depending on whether you are also claiming that there are defects by clicking on www.theconstructionlawyers.com then going to Articles and then clicking on "ALL OWNERS MUST GIVE NOTICE OF DEFECTS - CHAPTER 558"

Good Luck,

Randall Gilbert

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Answered on 6/12/08, 6:50 am


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