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Can a home owner hire a new contractor for the same job while still under contract with me?

FloridaConstruction Contract

I have a signed contract with a Homeowner to complete a job and the permit was almost complete and they did not like the time frame so they went and canceled our permit without Our knowledge and hired another contractor to do the same job that they had hired me to do and without informing me they got the other contractor to do the job while still under contract to me. Is this legal?

5 replies

Jun 9, 2020

At a minimum it sounds like they breached their contract with you, unless it had provisions regarding timing and permits in it. You should contact an attorney to have them review the relevant documents and advise you of your rights. Feel free to reach out if you have any further questions.

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Jun 19, 2020

Generally, no - a customer can't hire two contractors for the exact same scope of work. By signing two separate contracts for the exact same work, the customer isn't acting in good faith with at least one of the parties involved. Plus, having another contractor work on the same scope would constructively act as a termination, partial termination, or deductive change order against at least one of the parties involved. If an owner does sign two separate contracts for the exact same work, that owner may end up finding themselves in a tough spot - owing payment to both contractors. Even if one (or both) of the contractors isn't able to perform the work they were hired to do - they could still be entitled to lost profits from the customer. If your customer hired someone else to do your work, it might be worth reaching out to the other party who was hired to let them know the situation. Additionally, if you lose work or payment as a result, legal claims should be on the table. In any event, consulting with a local Florida construction lawyer will help make sure you're treated fairly when the customer is acting inappropriately.

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Jul 19, 2022

would this same rule apply as a medical contractor?

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