So you’ve finally saved up enough money to remodel your outdated kitchen. You have big plans for new countertops, cabinets, and a sink. You do your homework and make sure to hire a qualified licensed contractor to get the job done. The problem is that when it’s all said and done, this licensed contractor fails to get the job done. You are now upset with the quality of work (or lack thereof) and are bummed out about the money wasted on the project. You’re now wondering what your options are; fortunately for you, there are several legal options that you can pursue to fix this problem.
Filing a lawsuit is one way to go about fixing the issue. “Breach of contract” and “construction defect” claims are commonly used in disputes with a contractor. However, before officially filing a lawsuit, there are steps that should be taken prior. For example, if your issue is for a construction defect, meaning there are flaws in the work that was done, then Florida law requires you to go through a pre-suit process in order to give the contractor an opportunity to fix the problem. If the contractor doesn’t fix the defect according to the process laid out by law, you may then proceed to file suit. If your situation is just about a breach of contract, your attorney can first send a demand letter asking the contractor to either perform the contract or pay damages. If the demand letter goes unanswered, you can proceed to file a lawsuit in order to collect damages.
COLLECTING FROM STATE FUND
If your lawsuit is successful, you can also collect money from the Florida Homeowners’ Construction Recovery Fund. This fund was set up under Florida law in order to reimburse people who suffered a monetary loss due to certain acts by a licensed contractor. There are eligibility requirements, conditions for recovery, and different guidelines for certain contractors that an attorney would be able to walk you through. If you qualify, this may be useful in making sure that you get your hard earned money back.
LET US HELP
At Berkowitz & Myer we approach these types of cases differently compared to a lot of other firms. While most firms will charge you either a retainer and/or bill you hourly for work performed, we instead handle these matters on what’s called a contingency basis. What this basically means is that you owe us nothing unless we recover money for you! We find this to be a much more affordable option for our clients and ensure that you have access to justice. Call us for a free consultation!