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Am I in breach of contract

FloridaConstruction Contract

We were the GC on a home renovation. The customer was not happy with some of the work, and is not wanting to pay. We already reduced the bill from 50k to 35k, as we billed them for material only on many line items, and they are now offering to pay only 18k. Can you review our contract with them and advise us on what we can do legally?

1 reply

May 24, 2021

I am sorry to hear about the issues you have experienced as of late. It is important to understand why your customer won't pay. Poor workmanship is one of the many reasons why a customer will claim that can't pay. There are steps that can be taken when a customer doesn't pay the bill. There are several proactive action steps that are all available to everyone in the construction industry:

  1. Send Preliminary Notices on All Your Projects
    A preliminary notice provides visibility to you on the project by officially alerting all of the project participants at the top of the payment chain that you are working on the project. 
  2. Send a Notice of Intent to Lien

A Notice of Intent to Lien (NOI) isn't a lien, rather it is the official step of putting someone "on notice" that getting paid is important. The NOI is the best demand letter available in all of the construction business, and the reason is that notices of intent get you paid. Considering Levelset's own research, 47% of NOI's sent through the Levelset platform result in a payment getting received within 20 days!

3. File a Mechanic Lien or a Bond Claim

Filing a mechanic's lien isn't the same as filing a lawsuit. Yet, it is the official step of filing (or recording) a lien against the property owner or a claim against the bond. 

In regards to looking at your construction contract, it would be helpful to contact a Flordia construction attorney. Good luck! 

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