Shady Customer

What is the name of your state? Florida

I am a pool contractor In the state of Florida. A builder hired my company to build a pool for his personal home. He signed a basic contract with my company with a draw schedule of 10% down 40% - on first stage 40% on second stage and 10% on last stage. I completed first stage in which I used sub-contractors. He paid a trade rate to the subcontractors and then refused to pay the draw schedule. I believe he used our company to take advatage of out contacts. He then Fired us off the job and re permitted the job in his own name. There was no workmanship dispute, He refused to pay and I said fine I would lien his property. He has sent me an attorney letter requesting his depost returned and claimed job abandonment.

I have a signed contract with his signiture on it. Does he have a leg to stand on in court? The contract is a basic consumer construction contract stating our liabilitys and allows cancelation before construction begins.

Thank you for any response

Everything depends on the wording of the contract and exactly what transpired that is in writing and you can prove. Generally, his failure to pay for the completion of the first stage is a breach of the contract and releases you from continuing with the project. You can collect the profit you expected to make on the project. Retain a construction attorney and have him review your paperwork.

Infinity,

I am interested in your take on MY problem. I contracted a pool builder in FL to install a fiberglass pool. Paid him in full. Pool is not level (off 3.5" from shallow to deep end). Requested he come down personally (as he originally said he would) to relevel so we can proceed with decking & cage. Also requested he VOID final check & we would settle up when pool was leveled. He did not. I stopped payment on final check. Final check represented approx. 35% of total cost.

He threatened to put a lien on our home & bill us to collect final payment, as contract states balance due on delivery. Isn't delivery "completion"? He refused to return until paid in full. After 2 wks of emails back & forth, I finally paid the balance, certified check. He finally acknowledged receipt of balance and scheduled work to be done to fix the problems within 5 days. At this point, he has rescheduled 3x! Is he playing with me now? What would you do to cure a dispute with your customer?

You wouldn't be licensed to fix a fiberglass pool would you?

Infinity said:

Does he have a leg to stand on in court?

Click to expand...

Based SOLELY on the contents of your post, I don't see any defense to his actions or his intervention in your contractual obligation.
Obviously, you are going to need a local attorney to proceed with any litigation against the builder.... so I suggest you get one ASAP.