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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19648
Experience:  B.A.; M.B.A.; J.D.
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Pictures taken by my contractor insurance estimate prove the

Customer Question

Pictures taken by my contractor for the insurance estimate prove the contractor knew the structural support of my home was involved in his fire damage repairs. He states he was advised by the Building Department he did not need a permit. Is there any Florida case law determining who - the contractor or Building Department is responsible for determining the need for a permit?
JA: Thanks. Can you give me any more details about your issue?
Customer: Contractor submitted invoice to me included charges for permits, plans, etc. He was paid in full before beginning work. After work was completed I discovered he did not pull a permit. I also hired a structural engineer who determined a material code violation was committed. The contractor abated the violation by repairing his repairs and is now suing me for the cost of repairing his repairs because the Building Department initially told him he did not need a permit.
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Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.

See Florida Statutes Chapter 553 especially Sections 553.79 and 553.792

The Building Department has the final say. However, if the contractor charged you to pull the permits, but actually did not pull the permits, the contractor must return the permit fees to you. Otherwise, the invoice is fraudulent.