Legal Question in Construction Law in Florida

Why would you think this is not a free question and answer?

If a client is unsatisfied with your work, they are NOT required to let you do any work to try to fix the problem, unless specified in your contract with them. They can hire someone else to finish the job. That is not to say that you are not entitled to be paid for the work you performed. Depending upon the circumstances, you may still be entitled to payment, at least in part.

Actually I would have to disagree in part with Ms. Grosse. You do have first right of remediation. The owner should have provided you with a punch list and allowed you the opportunity to remedy in a reasonable amount of time. This does not have to be stated in the contract. In such case if you do not take care of the items noted, the owner can hire someone else to complete the work but they can only withhold a reasonable amount for someone to complete the remaing work. There are some cases where if a project has reached substantial completion, you are due the entire payment. This applies to certain cases and situations.

Florida Statute Chapter 553 regulates when and how a property owner must notify a contractor of construction defects. It also provides time limitations as to when a contractor must provide the property owner with a �settlement offer� (such as repairing the work, a discount or a monetary set-off). Failure to comply with said time limitations on either side may result in the waiver of certain defenses. If you feel that property owner is just trying to get out of paying, you might want to consider obtaining as much evidence as possible that that is the case (such as pictures, statement, etc.) and filing a claim of lien to secure the debt. A Claim of Lien must be recorded within 90 days from your last day on the project. Florida's lien laws are very complex. I would suggest using a product called Lien Wizard that helps contractors to properly complete and process some of the most common FL lien law forms, including Notice to Owners and Claim of Liens. This software does more than just get you the forms. It guides you step by step on how to complete and process each form. It also includes date calculators, FAQs and lots of information about Florida's lien laws. For more information or to download a free trial, please visit www.theportableconstructionlawyer.com/lienwizard. You can also Google "lien wizard". Good luck!