In Florida, construction projects can be stressful and exciting at the same time. Homeowners are likely to feel enthusiasm at creating and completing improvements to their property. Still, overseeing the work and making sure the contractor is living up to the contract can be worrisome.
One common issue that people face is if the contractor has been paid and is delaying the work. The law is clear regarding payment of contractors and when they are required to take the necessary steps to complete it. For concerns related to the required time-frames based on the law, it is wise to consult with experienced legal professionals.
Applying for necessary permits upon payment is required by law
When the property owner pays the contractor more than 10% of the cost of the project detailed in the contract, the contractor must apply for the necessary permits within 30 days after payment unless the work does not require permits. The work must commence within 90 days once the permits are secured unless there is just cause not to do so.
The failure to adhere to these requirements may result in the property owner issuing a written demand that the contractor begin the process of getting the permits and starting the work. If not, they can ask for a refund. In some cases, there is no written contract. The contractor will have an address on their license. The demand for starting the work or repayment must be mailed to that address.
The contractor simply failing to apply for the permits to begin work or issue a refund within 30 days of receiving the letter will not be viewed as having just cause for not living up to the contract. Contractors cannot refuse to complete the work in those 90 days or any period that the parties agreed to. When a contractor simply does not pay the money back, there can be criminal charges. Depending on the amount that was received and not repaid, it can rise to the level of a felony.
For legal disputes over a construction project, having advice can be helpful
Often, people who are hiring a contractor are unaware of the law and the potential for wrongdoing or legal violations. If the project is not started on time, it does not necessarily mean that the contractor is willingly violating the law and trying to take advantage of a client. In some instances, they are trying to take advantage of people and in doing so, are breaking the law. For help with these issues, it is wise for property owners to make sure they are fully cognizant of their rights with help from professionals who are experienced in construction law.
