Legal Question in Construction Law in Florida

I have a business/consumer dispute.

I needed bathroom work done, and the owner of Renew Your Bath in Orlando FL came out and gave me an estimate about the middle of Dec 2008. He promised me a 34 inch shower, pointed to a spot on the wall saying it would come out to about here. Based on this and the price, I agreed and paid for it. But the installer put in a 28 inch shower about the middle of January 09. It is way too small, I bang my arms on the shower doors constantly. When I called him up and complained the first time, he said I actually got a 30 inch shower, because the other size was out of stock. He explained the 2 inch differance as what is lost to the walls. Well, there is only one rear wall, so that can't be true. He promised to fix it, and keeps stalling. He was due Sat March 21, but is saying that unless there is 15 inches from the center of the toilet to the edge of the shower, he can't do anything due to Florida code. Why didn't he say that back in December before I paid for a shower I didn't receive. He's also saying the wall surrounds are out of stock till the end of March, he keeps stalling and giving me different stories!!! What can I do, and is this true about the 15 inches clearance?


Asked on 3/19/09, 2:42 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: I have a business/consumer dispute.

If you have nothing in writing, you will have a very difficult time doing anything about this. If you contracted for a 34 inch stall and did not get it, then you can bring a claim. Keep bugging him to fix it. I have never heard about the 15 inch clearance he mentions, but you can call the local code enforcement people and find out about that.

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Answered on 3/19/09, 9:00 pm


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