Legal Question in Construction Law in Florida

I contracted a pool company to do a remodel on my pool. For the most part they completed the project. I have a few punch items left on the pool deck,a water leak that I have yet to be able to locate, and a waterfall that doesnt look close to what we perceived it would look like and never completed. Last week I received a visit from his one and only subcontractor saying he hasn't been paid for the work that he did a few weeks earlier. I called my contractor and he said it was true that he did not pay him. The contractor admitted that he was out of money. I told the contractor that I would cut him a check and escort him to the bank to cash it and then hand over the cash to the subcontractor. I then had the subcontractor sign a lien release and had it notarized at the bank. That was a week ago I have never heard from my pool contractor again. I left voice mails on his phone every two or three hours for the last few days. I have emailed him and have not gotten one single response. I did notice that all his tools and job site sign have been removed from my property so I can only assume that he has walked away from the project. How long do I have to wait till I can legally declare the contract void? There is not verbiage on the contract regarding default. I still owe him around 4K. Do I have to pay him any of that money if he ever shows up? Since he never filed notice to owner would he have any lien rights? I have no Idea what it will cost to locate the and repair the leak I have in my pool or the cost to complete the abomination that he calls a waterfall. I don't want to go out and hire a contractor to complete the work and then have him show up wanting some or all of the money. Can you please advise me what direction to take. Thank you


Asked on 6/02/10, 11:58 am

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

In your situation you need to first send the contractor a written notice advising them of the punch list items and the work to be completed. Give them a date in which to respond to you. If you do not get a response, send a second letter repeating what you sent in the first and advise by the next date you give them, you will be terminating their contract and hiring a new contractor to complete the work. If the new contractor's cost is less than the 4k you owe, the difference goes to the original contractor. If the new contractor's cost is more than 4k you have the right to sue the original contractor for the difference.

Since the contractor was in privity (under contract) with you, they do not have to send a notice to owner in order to file a lien. Under the circumstances you have outlined, if they do file a lien, you would have a claim to counter act and contest the lien as a fraudulent lien. In such case, if you win, they will be liable for your attorney's fees according to FL Statute.

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Answered on 6/06/10, 8:18 pm


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