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I need to speak to sonmeone who is familiar with Florida construction contractor law. I am having a dispute with someone who did a remodel on my house. The contractor knocked down a wall and moved plumbing but never obtained a permit. Additionally we have other disputes because he didn't finish the work and delayed us by three months. He proclaims he is filing a lien against my house for the final bill of $5500
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
1/21/2016
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,047
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I have read your comments but am not quite sure what your legal question is that I can help with this evening?

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Also can you tell me how long it has been since the contractor last did work on the property?

.

.

thanks

Barrister

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Customer reply replied 2 years ago
The last day they were here was 12/14. The owner finally called 1/19 to say there was a clerical mixup and our file was considered done but never was. My questions are what are rules surrounding delays by contractors in FL. Also, what does it mean if he files a lien. And what is my recourse if he never got a proper permit. I am now selling the house and the FL disclosure says I have to disclose if I got the required permits and they have been closed. The contractor admits he didnt get permits and wants to charge me $1,400 for an inspector
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

Ok, then they are still within the 90 day timeframe to file a mechanics lien on the property if they feel that they haven't been paid what they are owed..

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My questions are what are rules surrounding delays by contractors in FL.

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This is kind of an open ended question, but if you mean what is your recourse if the contractor goes over his agreed on completion date, then the answer is that you can hold him liable for any losses you incur if you had a fixed date for completion and that was established as a "drop dead" date. But if there was no specific date agreed on for the project to be completed, and the contractor was working in good faith, but was delayed by something like weather or material availability, then you will have a hard time recovering for any damages for the delay.

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Also, what does it mean if he files a lien.

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That would be considered an encumbrance on your title and would prevent you from selling until the lien was either paid off prior to closing or at closing with the lienor signing a lien release once he was paid. The lien stays in effect for one year unless it is paid off, then the lienor must either file suit to enforce it or file a release to release it.

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If he And what is my recourse if he never got a proper permit.

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If you agreed to allow him to do the work without first obtaining a permit, then you would have assumed the risk that the work would be flagged as not up to code. But if he told you he would get a permit and failed to do so, then you could sue him under a breach of contract claim for any damages you incur in having the work inspected and any repairs made so as to bring it up to code.

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So it all depends on whether you agree to allow the work without a permit or it was agreed that he would get one and he didn't do so..

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thanks

Barrister

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Customer reply replied 2 years ago
If the kitchen cabinets were not set properly so I could not insert my stove and it took him three weeks to send someone to fix, is that an unreasonable? He verbally told us 28 days and it took 3 months because they had too much work. And I have proof of that because one of his contractors left a customer list by accident and it was huge. Additionally several times the material was wrong because he had two projects that had the same last name and they screwed up the orders
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

If the kitchen cabinets were not set properly so I could not insert my stove and it took him three weeks to send someone to fix, is that an unreasonable?

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Yes, that is definitely negligence on his part. He has a duty to complete any jobs in a "workmanlike" manner. And if he failed to measure correctly so as to ensure the stove would fit, that is completely his fault. His failure to properly schedule any jobs doesn't relieve him of any liability for any provable damages you suffer due to his negligence.

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thanks

Barrister

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