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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6246
Experience:  20 years experience as a civil trial and appellate lawyer
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I have installed 2 pool lifts at a hotel contractor. Cost

Customer Question

I have installed 2 pool lifts at a hotel for a contractor. Cost $14,000 have not been paid and can not get any response from contractor. Can I remove lifts without getting arrested
Submitted: 10 months ago.
Category: Legal
Expert:  Maverick replied 10 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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1. Can you please explain what are "pool lifts" and whether removing them would damage the hotel?

Customer: replied 10 months ago.
Pool lift is a devise to lift disabled people into and out of the pool. It is in a small square metal anchor, and the lift just pulls out of the anchor doing no damage and leaving a 3 inch square hole. The hotel was given a cover for this hole when I installed the anchor.
Expert:  Maverick replied 10 months ago.

Okay, thanks for the additional info. Let me look into FL law on this and I will be back...

Expert:  Maverick replied 10 months ago.

Fl. law at this link says in relevant part the following:

713.15 Repossession of materials not used.—If for any reason the completion of an improvement is abandoned or though the improvement is completed, materials delivered are not used therefor, a person who has delivered materials for the improvement which have not been incorporated therein and for which he or she has not received payment may peaceably repossess and remove such materials or replevy the same and thereupon he or she shall have no lien on the real property or improvements and no right against any persons for the price thereof, but shall have the same rights in regard to the materials as if he or she had never parted with their possession. This right to repossess and remove or replevy the materials shall not be affected by their sale, encumbrance, attachment, or transfer from the site of improvement, except that if the materials have been so transferred, the right to repossess or replevy them shall not be effective as against a purchaser or encumbrancer thereof in good faith whose interest therein is acquired after such transfer from the site of the improvement or as against a creditor attaching after such transfer. The right of repossession and removal given by this section shall extend only to materials whose purchase price does not exceed the amount remaining due to the person repossessing but where materials have been partly paid for, the person delivering them may repossess them as allowed in this section on refunding the part of the purchase price which has been paid.

UNDER THIS LAW, IT APPEARS THAT YOU MAY HAVE A RIGHT TO REPOSSES THE EQUIPMENT IF YOU CAN DO SO PEACEFULLY.