Legal Question in Construction Law in Florida

Warranty obligations

What are a general contractors obligations in completing warranty repairs if the owner has failed to release final monies owed for the contract ?


Asked on 10/04/06, 2:18 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Warranty obligations

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RESPONSE: First look at the terms of the contract and see what it says. Most contracts say that if you don't pay 100% then you lose your warranty.

Secondly, there is an argument that if an owner fails to pay the balance then the contractor has no obligation to honor the warranty because the owner breached, thereby releiving the contractor of any further responsiblity to the owner.

Good Luck,

Randall Gilbert

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Answered on 10/04/06, 2:36 pm


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