How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RealEstateAnswer Your Own Question

RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 16525
Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
9540344
Type Your Real Estate Law Question Here...
RealEstateAnswer is online now
A new question is answered every 9 seconds

my wife and I signed a contract with a contractor to provide

Resolved Question:

my wife and I signed a contract with a contractor to provide design plans for a home. Phase 1 was to cost $3000.00 for design of the home . Phase 2 was for building plans cost to be negotiated prior to starting work. after approximately 2 months the contractor gave us a cost to build that was approximately $130,00.over the budget we had given him in preliminary talks. We told him we would not be building at his cost and canceled the project.8 days after cancellation he submitted a bill for $3000.00 for engineering services and final drawings (which we have never received) Are we liable for the cost of these drawings and engineering services? we live in Florida
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 12 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.


Good afternoon. I certainly understand the situation and your concern. Did the contractor know you had a certain budget to work with, for the building of the home? If so, why would be come in with plans that would cost $130,000 over budget? Did he try and design the home to fit within your budget? I am trying to understand the purpose behind his design, when it was outside the budget which you gave him and he failed to provide you are alternatives.
Customer: replied 12 months ago.

You did not answer my question am I liable for the $3000.00 cost for final plans and engineering services for Phase 2 ?

Expert:  RealEstateAnswer replied 12 months ago.
I was trying to obtain some additional information so I could expand on my answer but I will respond per you request, with the information that I have. Based upon the facts which you stated above, you should not be liable for the cost of plans and documents he prepared for Phase 2, since your approval of Phase 1, was a condition precedent for the work going forward. There was no point in the contractor moving on to Phase 2, until Phase 1 was approved. If the contractor was hired to design a home that fit within your budget and failed to do so, an argument could be made that he was in breach of the contract and failed to perform. What good is a home that is designed if you can not afford it. It would have been one thing if you were presented with a few different designs to select from but in this case, it appears he only provided one design, which was 130k over budget. Until you approved the design, he should not have proceeded to Phase 2, since it was conditioned upon the acceptance of Phase 1, which did not happen. In a situation like this, you may want to respond to him and inquire as to why he proceed with the second phase without your approval and when he decided to do this, after you canceled the job. It would appear he is trying to get paid on work which he did in anticipation of this but since it was never authorized or approved, he may be out of luck with collecting. The burden would be on him, as the moving party, to show you owe this money and the work was contracted for.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 12 months ago.


We did approve the design of the Phase 1 plans and did pay the $3000 for the home design plans. The contractor dragged his feet for over 2 month before giving us his cost which we rejected and cancelled the project. He then gave us the final bill for the disputed $3000. Should I try to negotiate the price down and settle or should I contact a local attorney(Cape Coral Florida) and turn the matter over to the attorney. ?

Expert:  RealEstateAnswer replied 11 months ago.
Thank you for the additional information. Absent a time in which the contractor has to provide you with everything for Phase 2, stated within the contract, the time should have been reasonable. 2 months does not seem reasonable and if you canceled the project prior to him providing you the plans and documents, it would likely be at his own loss. He could always make an argument that they were complete by that time but he would need to show what took 2 months to finalize. In a situation like this, you should certainly try and negotiate a lower payment to settle this. Why? Because he likely does not want to go after you and try to sue, which could take time, effort and money and may not even result in a favorable decision by the Judge. As such, you can certainly make him an offer for less that what he demands, which you think is reasonable and see what he has to say. If he rejects it, you can them retain an attorney to handle the matter. Try and resolve this yourself prior to, so that you do not waste the money on an attorney, when you could take care of this on your own.

RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 16525
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
RealEstateAnswer and 10 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.