Legal Question in Construction Law in Florida

swimming pool construction

just had pool built,the builder made the pool smaller and shaped wrong according to scetch,lied about property setback distance,and in turn made it much smaller than dicussed with him.The bottom crackedseverely and in re-doing, now looks terrible and de-formed. Built flat roof extension on to house that after several attempts to silicone leaks, still leaks in numerous places,no pitch on roof will not let water run off properly,and i find out he had no permit for roof.Installed skimmer in wrong place and mounted screen enclosure on top of lid! I complained so he cut the lid in half!Then he came back and put screen around skimmer(looks ridicules) back walkway not wide enough to walk on and is dangerous to go near. Pop up cleaner instantly shoots head out of retainer and they can;t fix.Turning on lights creates a loud power surge noise,heatpump vibrates inside house,never finished painting deck that has already cracked.Took my $48K and never returned to make right.When my wife asked a sub a question of one item,his one worker accused her of wanting free pool. Only want what we paid for to be right and see no alternative than to tear out and start over.Please offer advise. Thank You


Asked on 1/08/08, 8:45 pm

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

Re: swimming pool construction

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: The supreme court in Grossman Holdings Ltd. v. Hourihan 414 So.2d 1037, 1039 (Fla. 1982) held that: Subsection 346(1)(a) of the Restatement provides as follows: (1) For a breach by one who has contracted to construct a specified product, the other party can get judgment for compensatory damages for all unavoidable harm that the builder had reason to foresee when the contract was made, less such part of the contract price as has not been paid and is not still payable, determined as follows:

(a) For defective or unfinished construction he can get judgment for either

(i) the reasonable cost of construction and completion in accordance with the contract, if this is possible and does not involve unreasonable economic waste; or

(ii) the difference between the value that the product contracted for would have had and the value of the performance that has been received by the plaintiff, if construction and completion in accordance with the contract would involve unreasonable economic waste.

Good Luck,

Randall Gilbert

www.theconstructionlawyers.com

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Answered on 1/09/08, 12:03 pm


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