Legal Question in Construction Law in Florida

Legnth of time to complete project

In September, I signed to contract to have my master bathroom remodeled. The job was quoted to take 2 - 4 weeks. The job was completed on 1/5.

Through the project we had to contact many of the sub-contractors to get this scheduled as the tile company with who we had the contract was not getting the project completed in an acceptable time. I also had to fix leaks under both sinks and currenty have a leak behind the shower wall from the new shower arm. I will fix the leak, but am very fed up.

The tile company billed my credit card in December, prior to the work to being completed.

Two questions: 1. Are there legal issues with them billing my credit card without authorization (I have since appealed the charge).

2. Are there any provisions about completing work in a reasonable time frame, given the time it took?

I would like to suggest to the company that we settle the job for a discount given the issues. Thoughts? Thanks


Asked on 1/16/05, 10:06 pm

1 Answer from Attorneys
Richard Vaughan Law Offices of Richard Vaughan, Esq.

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.

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Answered on 1/19/05, 10:54 am


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