Legal Question in Construction Law in Florida

Small Claims Court???

I have a small business. I just finished a job. The customer insists that the product be removed because he does not like the way it looks. I was installing it for 3 days in his house. He was home during that time. I informed him each day what I was doing. He picked out the product and the color, along with my professional opinion. He never once indicated he didn't like the way it looked. A few days after the installation, I contacted him for payment. That is when he indicated he did not like it. The next day, he stated he did not think the product would hold up. I spoke with the manufacturer of the product and have their backing that the product and installation is of quality. I offered to come in to his house and fix anything he is concerned about, if possible. He refused. He wants it removed. The labor and materials were $3000. I never asked for a deposit or had a contract signed by him. Am I obligated to remove this now for him? I�m sure he is not going to pay even if I take it down. It would take me another 12 hours of labor to remove the product. Should I take him to small claims court? He indicated he is going to sue me for $27,000 for new windows. I have never had a complaint as such in the 20 years I have been in business


Asked on 10/31/06, 10:36 am

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

Re: Small Claims Court???

I recommend sending him a demand letter certified mail return receipt requested stating that he needs to pay you $_____ and that to the extent that he has any complaints disputes or disatisfactions with your work, that he fax them to you or mail them to you certified mail return receipt requested and tell him that if you do not receive either payment or anything in writing as to why he is not paying within 7 days then you will presume that there is no valid reason for withholding payment and you will need to sue him. Also, if you are a licensed contractor you "may" also have lien rights.

Good luck,

Randall Gilbert

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Answered on 10/31/06, 11:39 am


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