Legal Question in Real Estate Law in Florida

home building

Can you please tell me what ''reasonable'' time is when it comes to having a home built.


Asked on 9/05/06, 9:14 am

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: home building

There is no definite answer. If a contract says that the other party has a "reasonable time" to perform then this will be looked at on a case by case basis. Factors to be considered may be how long it would take others in the industry and under like circumstances to perform the same exact task.

"Where, under a contract, plaintiff has a reasonable time in which to perform a certain work, the question of what is a reasonable time is for the determination of the jury." Jenkins v. Lykes 1882 WL 3063 (Fla. 1882)

In Jenkins v. Lykes 1882 WL 3063 (Fla. 1882) the Supreme court also held that, "If A. sells to B. standing timber, to be cut within 'a reasonable time,' the written contract cannot be varied by proof that it was orally agreed that a certain definite, stated time was contemplated by the parties. In such a case the jury must determine as a question of fact what length of time constitutes a reasonable time.

Sometimes it is easier to tell what would be unreasonable as opposed to reasonable; but there is definitely no bright line rule.

Good luck,

Randall Gilbert

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Answered on 9/05/06, 10:24 am


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