Legal Question in Construction Law in Florida

How can I litigate this?

The county hired a general contractor to build a water plant. The general hired my company to provide electrical wiring and some electrical controls along with other crafts. We have a ''pay when paid'' contract with the general.

The county also hired an engineering company to design the plant and provide engineering oversite with regards to materials and methods to construct the plant.

As it turns out, the plant was engineered to use a process that has never been sucessful treating this type of water and is commonly known to ''plug up''. I have found trade magazine articles to support this. There were other problems regarding the approval process exicuted by the engineer that slowed up construction. The county has insisted the general start up the plant and warrant it's operation. The general refuses, because it won't treat the water and operate sucessfully. The argument over start up warranty and poor engineering has delayed the completion of the job and the county is charging liquidated damages. This means my company will not get paid even though the county has no complant regarding our work. I don't want to sue the general contractor. How can I sue the county and engineering firm for incompentance and abuse of power?


Asked on 6/01/06, 5:38 pm

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

Re: How can I litigate this?

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: Your must act quickly on your rights and to the extent that there is a bond, which there should be, you should put a claim in immediately, and set up your bond rights to the extent that it is possible. However the pay when paid clause may be a valid defense. I recommend consulting a construction litigation attorney immediately in your area, since there is a very short window to make claims under the bond. Good luck,

Randall Gilbert

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Answered on 6/01/06, 5:43 pm


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