Legal Question in Construction Law in Florida

I have a sub-contractor who has started the job ,been payed for what is completed,and is very laxed in finishing.Can I bring another sub -contractor.


Asked on 4/28/10, 7:05 am

1 Answer from Attorneys

Alterraon Phillips APLaw, LLC

You can but you must be careful as how you proceed to do so. First review your contract you have with the subcontractor and verify whether they have breached the contract. If they are not in breach, then it is difficult to fire them unless they just are not performing or negligent in performing their work. Also review the contract to see if it outlines the process for terminating a subcontractor. If not, you need to put the sub on written notice that you have concerns with their performance or explain how they have breached the contract and give them a specific deadline to explain how they will make up the time and when they will have man power onsite to catch up with the work or correct the breach. If they do not respond or continue not performing or breaching the contract, send them another notice with a specific deadline noting the schedule (or whatever their breach maybe) and your intent to hire a new subcontractor to complete their work if they do not start correct the issue. If following the second letter they still have not corrected the issue, you can notifying them that you have cancelled their contract due to non-performance and/or breach of contract. Then you may proceed to hire another subcontractor to complete the work.

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Answered on 5/03/10, 7:40 pm


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