Legal Question in Construction Law in Florida

I have a small cabinet installation company that did work for a large company (as a subcontractor).

We have many outstanding purchase orders that they have not paid.We left there company on good

terms due to us loosing money.The agreement we had with them ,is any unfinished jobs we would

complete.Behind our backs they contacted our installers and hiered them,not only did they do that,

what ever jobs they were working on at the time they paid them directly.Now the po's were made out to our company.They have over 20 thousand dollors for us but want to pay only 3000.00.We have a list of all the po's that are unpaid.I went to an Attorney but can't afford the quoted fees.Due to the economy we are flat broke and need to be paid for our services.Can you please advise us or point

us on the right path.

Thank You for your time.

Darren Boxer


Asked on 3/22/10, 8:23 am

1 Answer from Attorneys

Alterraon Phillips APLaw, LLC

Good Day Mr. Boxer, It is unfortunate to hear about your situation but it is becoming all too common with today's economy. I would make the following recommendation as your funds are limited and no matter what attorney you hire, you will have to pay the court fees. My recommendation to you would be to gather a couple of the POs that amount to less than $5,000 so that you can file a claim in small claims court. This way you do not need an attorney to argue your case for you. You can also ask the cost of the court fees be reimbursed back to you if you win your case. Hopefully you have a written contract for all of the items you mentioned above. In either case your cause of action would be breach of contract. It would be your hope that if you win the case in small claims court on a couple of the POs they will see the light and pay the rest or offer you a better settlement on the remainder.

Your other option is to call around to see if you can find a construction attorney that will take your case on a contingency bases. Since this is a common breach of contract case, a general practice attorney should be able to assist you as well.

As a recommendation for the future; read FL Statute section 713 in reference to construction liens. As a cabinet maker, your rights would be outlined under this section. For future projects I would recommend you start to follow the directions noted in this section in order to preserve your lien rights on projects you are working one.

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Answered on 4/05/10, 5:46 pm


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