Legal Question in Construction Law in Florida

I paid half of the contractual monies to a contractor for remodeling work on my rental property. The contractor only did work equivalent to half of the monies already paid. i changed the locks after the contractor was arrested for burglary from a previous job and moved his tools. I told him to pay me back the half of the money i already paid him for work not performed and was holding his tools as collateral. Is this legal?


Asked on 1/14/10, 1:56 pm

1 Answer from Attorneys

Alterraon Phillips APLaw, LLC

I will presume the contractor was convicted on the charge of burglary. (If not that would bring up another issue). Technically what you are doing maybe considered trespass to chattel. You are taking possession of something that lawfully belongs to another. In your situation, I would recommend you get at least 3 qoutes from other contractors to complete the work. Take the median price and deduct that from the original contract price. The remainder is what is due to the original contractor. Once you have determined that amount, I recommend you file an action in court to retrieve the amount you have overpaid.

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Answered on 1/24/10, 4:53 pm


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