Legal Question in Construction Law in Florida

roofer not honoring signed contract, si

signed contract for new roof right after last hurricane.

now he keeps putting me off. he said 1 week in dec. now he does not know. contract was for 4400.00 now the price on a new roof is about 7,000.00. this is the est. of other contractors. the roofing pricing have skyrocket after the hurricanes. i think he rushed to get this contract and now he realize he bid to low. and know he is stalling hoping i will drop him.and find a new contractor

thank you


Asked on 11/20/04, 9:31 pm

1 Answer from Attorneys

Richard Vaughan Law Offices of Richard Vaughan, Esq.

Re: roofer not honoring signed contract, si

The fact pattern does not provide all the information needed to give you a definitive answer, however, I will try to give you at least a general response.

Look to the language of the contract. Is there a provision for time being of the essence? How much has been paid, if any? What work is required to be done in order to qualify for payments, e.g. milestones?

Have you kept a correspondence log of your phone calls and letters to the contractor? Is the contractor licensed?

You may have a remedy in breach of contract, however, understand that in times of shortage, vendors *may* be granted leeway by the court to allocation (although that is a UCC -- sale of goods theory vs. sales of services, which is not covered by the UCC).

Your next immediate steps, after giving the contractor adequate notice and time to perform, as well as documenting both, might be to contact the Florida Department of Business and Professional Regulation (DBPR), your local Better Business Bureau, the local Chamber of Commerce and the Florida Department of Agriculture and Consumer Services.

If you still can't obtain satisfaction, then it would seem that you will have to sue the contractor. Florida law forbids vendors from 'price gouging' in times of emergency: http://slate.msn.com/id/2105339/

Good luck to you sir.

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Answered on 11/22/04, 12:01 pm


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