Legal Question in Civil Litigation in Florida

Mirage Pools, Inc. contract to build pool

Can I fire a contractor who is not finishing the job? It is going on 11 months when they told me 16 weeks max. I now have a lein on my house from a paver sub who they did not pay as well. Can I sue for monetary damages?


Asked on 12/11/07, 12:49 pm

4 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Mirage Pools, Inc. contract to build pool

The starting point is your contract and it is extremely difficult to give you an answer without reviewing the contract. It sounds like there is a breach and you could discharge the contractor -- but you will need a lawyer to look at the contract to be certain.

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Answered on 12/11/07, 9:29 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Mirage Pools, Inc. contract to build pool

Yes, if the contracter has materially breached the contract, you may sue for the cost of having someone else complete the contract. This is complicated and you should consult legal counsel before doing anything. If you would like a consult, please contact my office.

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Answered on 12/13/07, 11:32 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Mirage Pools, Inc. contract to build pool

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.

Yes, although this would be governed by the terms of the Contract between you and the contractor, Florida law does provide that after a period of time with no activity, the permits are revoked and your contract might then be in breach. You should consult with a qualified attorney to review your contract who can then advise your of your legal rights and remedies.

Scott R. Jay, Esq.

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Answered on 12/13/07, 12:17 pm
David Slater David P. Slater, Esq.

Re: Mirage Pools, Inc. contract to build pool

I would have to read the contract but generally, yes.

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Answered on 12/11/07, 1:12 pm


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