Legal Question in Construction Law in Florida

Re: Legnth of time to complete project

From the information you provided, there appear to be two major issues: first, was there a provision in the contract stating that 'time was of the essence?' Second, you may have a claim against the contractor / subcontractor for unworkmanlike performance and counterclaim, against their charges to you, for any costs required at setting their work right.

With regard to payment schedules, generally what you need to do is to establish milestones or a punch list and pay out their charges in increments as each aspect of work is satisfactorily completed.

Once again, this is something that needs to be done beforehand and within the context of the contract for work. If you simply signed their form contract without question, it may well be that you waived objections in what could be a very one-sided contract. Certain items may not be waived by law and provisions which run counter to Florida statute will not be given effect. All depends, once again, upon what is in the contract.

You would be best served by bringing your contract, plus any and all proof of damages to a local attorney, experienced in construction law.

On a cautionary note: materialmen's and mechanics ' liens are one of the few ways to get around homestead protection and failure to satisfy such a lien subjects your house to foreclosure. Naturally, there are defenses. It is wiser to first satisfy the mechanic's lien and then sue them as plaintiff, rather than putting your home at risk over shoddy work done on one room.