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The general contractor is violating their own contract in Florida. How can I recover payment?

General contractor refuses to pay retainage after he took occupancy & a final payment affidavit was sent. Refuses to provide information requested that as per the contract states he must respond within a certain time frame. Refuses to provide proof of payment from owner which has been requested multiple times. Changes in the contract were never provided to us and affected the work directly and was also outside of the scope of the contract. What are my rights as a subcontractor who has completed the project? What is considered a breach of contract and someone who is a non-compliance of their own contract more than 30 times. By law how many days does a contractor have to respond to a request for proof of payment from owner before he is enforced to pay me?

1 reply

Apr 19, 2020

Florida law provides that the general contractor has 30 days to pay from the last to occur of the following: (1) the date the labor, services or materials were furnished and payment became due, or (2) the date the general contractor received payment for the labor, services or materials. This rule applies, however, only to "undisputed obligations." It also assumes the general contractor has been paid by the owner. If you have any further questions, I encourage you to consult with an attorney on your options. You may have lien rights or other potential claims. Especially for lien rights, you need to act quickly to preserve your rights.

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