Legal Question in Construction Law in Florida

I contracted to build a screen enclosure,a rebuild. During permitting I found that the original screen enclosure and pool were built over the drainage easment and should never have been approved. So the permit was denied pending a easement hearing which took 6 months, then I had to reapply which took another 6 weeks. Now the home owner want's to fire me, return the deposit and hire another builder. ten months has lapsed since she sighned the contract. Where do I stand ?


Asked on 9/22/09, 3:12 pm

1 Answer from Attorneys

Alterraon Phillips APLaw, LLC

We would like to hear more about your situation to provide you a more complete answer; but, I can only answer this based on the facts you have provided. At this point you would be due compensation for the time you spent assisting in getting the zoning approvals, permitting, cost and profits for the work completed this far. This is presuminig their was no delay caused by you in getting the approvals done. Being a licensed contractor and architects rep for nearly 10 years prior to practicing law, I know the zoning process is long sometimes and typically they only meets once a month on some areas. The key to your case is you whether or not you caused the delay. Also, you do not state whether the contract says the deposit is a non refundable deposit. This will make a difference to whether any of the deposit has to be returned.

Now your options are, you both can resend the contract and go your sperate ways and you can ask for the amount due for helping with the zoning approvals and permitting. Even if you are fired, you are due the amount you have earned working on the project up the point you are fired. Also, if you are fired due to no fault of you own, in some cases there are legal remedies which allow you to collect the anticipated profit from the job. This is a more complicated matter and legal fees may out weight the profit you intended to earn. The other option is you can keep working until the owner issues you a stop work order or fires you. Under this option may have the opportunity to complete the job, but be prepared you may have a difficult time collecting payment if the owner does not want you working on the project.

As noted before, the facts in the case make the difference to what options you have. Unfortunately there is not a lot to go on in your question. The above is just a brief overview based on the information you have provided and we highly recommend you contact a construction attorney to go over you entire case. We do offer a free 30min consultation to review all of the facts.

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Answered on 9/22/09, 9:24 pm


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