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  1. #1

    Default How to Sue a Concrete Contractor

    My question involves malpractice in the state of: Florida

    I had a new driveway poured and the curb cut. I paid upon completion, but actually paid a little before completion. He told me he would come back and cut the driveway the next day, which I think only takes about 20 minutes. Up until then, he had been trustworthy, so I thought nothing of it.

    He never came back, and I also noticed that the curb wasn't rebuilt like it said it needed to be on the permit.

    What is my proper course of action? Should I...

    1. File the suit now without getting the repairs done by someone else? In which case, I'm not sure what monetary amount I would have to sue for.

    Or...

    2. Get the repairs done by someone else, and sue the original contractor for the extra I had to pay?

    I'm pretty familiar with the necessary forms at the courthouse.

  2. #2
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    Default Re: Proper Course of Action to Sue Concrete Contractor

    Not malpractice. This MAY be a breach of contract, which is a dispute between the parties of a contract.

    Have you contacted the contractor again? I know that this is a silly question but there is nothing wrong with nagging this contractor to complete the work. Inform them that in, say, 90 days (you pick the number) you'll have a third party complete the work and you will bill or sue them for the the cost of that work.

    Whose name is on the permit? If he was a legitimate contractor it will be the contractors named on the permit and he will be the one the AHJ comes after while you'll still reap some of the trouble from it, the contractor will receive the violation from the state. If it's your name then, well, it's you.

    If some time goes by and the work is not completed by the original contractor (after nagging) then hire someone else to come out and finish it. You could then pursue the contractor in small claims court for the difference. Before you attempt to pursue them in court be sure that you know the terms of the contract regarding disputes. While there may not be a specific contract separate from the quote, on the face, if you authorized the work, based on the terms and conditions on the quote, AKA the fine print, you'll want to be sure that you adhere to those terms...that you agreed to.

    If there is not written document that spells out what is specifically spelled out then you could have issues as it's not uncommon for the client to provide services such as concrete cutting though, in a residential case, it would be unusual. It could come back to whose name is on the permit but even then, without any scope documents it becomes a he said/she said.
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  3. #3
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    Default Re: Proper Course of Action to Sue Concrete Contractor

    I think that largely depends on how important it is to you to have the work done. If you don't get it done ahead of time, you'll need to obtain estimates from other contractors so that you can prove damages.

  4. #4
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    Default Re: How to Sue a Concrete Contractor

    Quote Quoting FarmerJohn1324
    View Post
    File the suit now without getting the repairs done by someone else? In which case, I'm not sure what monetary amount I would have to sue for.
    I suggest (a) getting a quote for competion of the job, (b) sending a demand letter (finish the job or pay for somebody else to do so) and only suing if the contractor does not complete the job. If you prefer not to make a demand, the quote will reflect the amount you can reasonably claim in damages.
    Quote Quoting FarmerJohn1324
    Get the repairs done by someone else, and sue the original contractor for the extra I had to pay?
    You can take that approach, but you should first give the original contractor the opportunity to complete the job. We don't know if you've been waiting three days, three weeks, three months.... the time frame is relevant to how quickly you can reasonably treat this as an anticipatory breach.

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