Legal Question in Construction Law in Florida

pool without permit

I hired two people to build my custom 125000 dollar pool.I found out after 3 weeks no permits were pulled.It is completed and code enforcement came .there is no way to confirm necessary county check for electric plumbing bond steel etc.Code enforcement says may have to rip out.I say no way.I HAVE A CONTRACT .We trusted that everything was done right.What can I do to protect my investment?I took out a home equity loan.PLEASE HELP


Asked on 2/10/07, 10:06 am

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: pool without permit

Florida statute 553.84. entitled "Statutory civil action" provides as follows: "Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a violation of this part or the Florida Building Code, has a cause of action in any court of competent jurisdiction against the person or party who committed the violation; however, if the person or party obtains the required building permits and any local government or public agency with authority to enforce the Florida Building Code approves the plans, if the construction project passes all required inspections under the code, and if there is no personal injury or damage to property other than the property that is the subject of the permits, plans, and inspections, this section does not apply unless the person or party knew or should have known that the violation existed." Good luck,

Randall Gilbert

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Answered on 2/11/07, 7:21 am


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