Legal Question in Construction Law in Florida

contractor failed to fulfill contract

we recently had a pool built by a local contractor. after the pool was finished it came to our attention that there were items not installed that were specifically called for in the contract (ie: the depth of the pool is incorrect, and he did not add brick coping around the edge of the pool. brick coping consists of a brick face that is placed on the cement deck with a decorative tile surface that raps around the edge of the pool.) both items cannot be corrected without the contractor basically starting over. again, both items were specified in the contract. my question is this- what recourse do i have, and how would some one put a value to the ''mistakes'' of the contractor. is this something that should go through small claims court or an arbitrator? we have not made our final payment of $1200 (out of a total of $25000+) and the contractor has put a lien on the property if we do decide to hire representation, where can we go to find an outstanding lawyer?


Asked on 10/04/03, 2:58 pm

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

Re: contractor failed to fulfill 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: If defective construction can be repaired, the proper measure of the owner's damages is the cost to repair which substantially gives the owner that to which he is entitled either under an express or implied contract Case: Lochrane Engineering, Inc. v. Willingham Realgrowth Inv. Fund, Ltd. Excerpt from: 552 So.2d 228, *231. Stated another way: Damages for breach of contract to build a dwelling are either the reasonable cost of construction and completion in accordance with the contract, if this is possible and does not involve unreasonable economic waste, or the difference between the value that the dwelling contracted for would have had and the value of the dwelling that has been received by the owner, if construction and completion were in accordance with the contract would involve unreasonable economic waste. Case: Grossman Holdings Ltd. v. Hourihan

Excerpt from: 414 So.2d 1037. 1040.

Should you need assistance in this regard, you may contact the undersigned, who practices almost exclusively in construction litigation. Yours truly,

Randall Gilbert

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Answered on 10/07/03, 9:03 am


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