Legal Question in Construction Law in Florida

Pool Construction-Contractor Failure to finish

I had a pool built that was never finished. The pool company manager who represented himself as the owner, signed the contract and asked us, along with (22) other families to pay him personally for the work. Unfortunately, we wrote most of the checks in his name. I thought he might be a sole-proprietor and never thought twice about it.The manager quit the company and the company never finished the pool. We have (2) liens filed against us for sub-contractor work that wasn't paid and (1) of these is also suing us. We have paid for a cage that was never installed and a lot of the work was done poorly.

Can we sue the pool contractor for poor workmanship,breach of contract, and for the liens filed against us? Can the pool contractor sue me for paying his employee? (we are being threatened with this). I know Fl. lien law is tough and I should have received lien releases, etc. but I never saw this coming. The contractor has been saying for months that they're going to finish, but never do anything. Can I sue them?

Thanks in advance for your reply,

Steve


Asked on 12/30/05, 7:09 pm

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

Re: Pool Construction-Contractor Failure to finish

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: It sounds like you are in quite a mess. Because I represent pool contractors I may have a conflict and may not be able to answer your question. The facts of your case are insufficient, and I would need to know if there were any Notice to Owners served, what paper work you signed, and who actually pulled the permit. But if you email me with just the name of the individual, the pool company, and the other potential lienors, then I will let you know if I have a conflict. Good luck,

Randall Gilbert

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Answered on 12/31/05, 9:41 am


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