Legal Question in Construction Law in Florida

Pool builder tags on extra charges on final bill

We contracted our pool at a fixed price. We received 2 invoices for partial payments according to terms of contract and paid on time. Final invoice received with $980 added in for items that were not only pressumed to be part of price (concrete pumping and step tile to name a few) but never told to us that they were not. Their contract says no changes to the contract will be made without a written change order and if additional cost is incurred that cost must be paid prior to any further work being done. No mention of these costs were discussed with us or sent in writing. I've outlined this in a letter to the company with the final payment agreed upon in the contract. I asked for a Paid if Full letter in 1 weeks time. If they cash this final check do they agree with our not paying extras and since we were never asked or told about these additional charges are we obligated to pay them? It seems like bait and switch to us since they were supposedly giving us a $900 discount at the time of original contract. We didn't even get everything we were promised but let that go.


Asked on 9/21/01, 5:55 pm

1 Answer from Attorneys
Frank Reilly Reilly Roche LLP

Re: Pool builder tags on extra charges on final bill

Because I do not know all of the facts, I can only offer you some general comments. For specific legal advice applicable to your situation, please feel free to give me a call at (954) 229-1008.

One way to protect yourself is to put the term "payment in full accord and satisfaction" in the memo section of the check. This notation means is that you dispute a portion of the charges, but are offering to make payment in an effort to forever resolve the dispute. If the check is cashed it may operate as an acceptance of your offer.

In order to determine whether the charges you mentioned are warranted, I would need to see a copy of the contract.

Also, make sure all of your releases and final affidavits are in order. This will help to protect your property from the filing of any liens. If you are unfamiliar with Florida's lien laws, we'll be happy to send you some information free of charge.

Good luck. Hope everything works out well for you.

Sincerely,

Frank V. Reilly, Esq.

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Answered on 11/06/01, 9:48 am


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