Legal Question in Construction Law in Florida

Before I get into your question, I would first say if the company that installed the sunroom is not a licensed contractor in florida, then by statute you would not be required to pay them anything unless you knew they were not licensed before you hired them. Since you did not mention this, we will assume they are properly licensed and they pulled the required permits and received final approvals from the building department.

In reference to your question, you ask about misleading advertising. It is hard to answer this question because you did not state whether they advertised this product as being able to do one thing and when you purchased it, you found out it was something different or performed differently or the product/final product is some how defective. Based on the senerio you presented this is more of a construction issue in which you would need to focus on the items that were not fixed and how much it will cost you to have it repaired. You have a lot of construction related issues but I will only address a couple of the major ones. 1. Undue enrichment - this means you cannot get something for nothing. If the company that installed the sun room is properly licensed and the room can be used for the function in which it was intented, then they are due some cost. 2. First right to repair - before you hire another contractor to repair the defective work, the original contractor has to be given the opportunity to make the repairs. 3. Your argument - your focus and counter claim shall be on the amount of time you lost in being able to enjoy the sun room since they did not complete it on time and correctly. Also, how much money it will cost to repair the defective work.

I am sure there are a lot of facts that were not mentioned that may sway the outcome of you case. Just note, if you have been sued and they have sent you notice, you have 20 days to respond to the complaint or they can ask for a defalt judgement against you. If you feel you need to discuss, please note we offer a free 30 min. consultation that can be done over the phone.