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I put a pool in my back yard. the contractor has not

Customer Question
I put a pool...

I put a pool in my back yard. the contractor has not finished the job and also did poor work. the inside finish is the wrong color and the concrete work is terrible. I need to have it completed by jan 12 for the final inspection. he dose not return my calls or messages. what can I do ?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Fl

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 6 months ago.Category: Legal
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12/21/2017
Lawyer: legalgems, Lawyer replied 6 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,627
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 6 months ago

I am sorry to hear that; that is an expensive project to have to deal with this.

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

So essentially for construction if the pool does not match the specifics of the contract (ie wrong color) the homeowner may sue to have the contractor perform the contract per the specifications; if the contractor refuses the court may award monetary damages for a third party to complete the project per the contract. If the project is not completed and the contractor does not respond to inquiries the homeowner may also choose to hire a third party professional to complete the job and sue for damages. Many people choose to sue first, to ensure recovery.

It is best to hire an attorney so the situation is well documented; normally a final demand letter will be sent, and if that does not result in performance the lawyer will file suit for breach of contract. The contract may have a provision requiring arbitration, or for an award of attorney fees and court costs to the prevailing party.

Any code violations can result in suspension/revocation of one's license; please see:

http://www.floridabuilding.org/fbc/commission/FBC_0506/Education_POC/DBPRComplaintFilingProcess2.pdf

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Lawyer: legalgems, Lawyer replied 6 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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