Legal Question in Construction Law in Florida

Re: swimming pool const. time.

I did some quick research for you on the Florida Statute you referenced. You might want to check the citation again because it seems you might have written it down incorrectly. Your property is likely subject to Chapter 713 Florida Statutes, commonly known as Florida's Construction Lien Laws.

Because I don't know all of the facts, I can only offer some general suggestions. I suggest you speak with an attorney for more detailed advice. Unfortunately, it is common for some contractors to abandon a job if the owner pays for work that has not already been performed. Most reputable contractors will not ask for a significant amount of money up front. Some suggestions:

1.Be sure to send all future correspondence by certified mail, return receipt requested, and keep copies of everything.

2. Take pictures of the work, and make sure you have witnesses who will support you.

3. Read your contract very carefully, and look to see if there are any provisions that deal with terminating the contractor. If so, follow them closely.

4. Prior to terminating the contractor, give him written notice of your intent to do so and adequate opportunity to remedy the problem. Notify him that time is of the essence in completing the project.

5. If the contractor has posted a bond, contact the surety ASAP in writing, and read the bond very carefully. If there is a bond, your rights to proper performance of the contract will be protected by the Performance Bond, and your rights to avoid liens on your property will be protected by the Payment Bond.

5. Remember that failure to comply with Florida's Construction Lien Laws or the requirements of the bond may result in your having to pay twice for the work performed, even if you have already paid the contractor.

6. If you have received any Notices to Owner or Notices of Nonpayment from subcontractors or suppliers, remember that they may have a right to file a lien on your property.

I hope these suggestions were helpful, this area of the law can somtimes complicated. If you need any additional assistance, please feel free to give me a call at (352) 335-6809. I'll be happy to speak with you at no charge.