Bernhard Law Firm obtains summary judgment in construction lawsuit

Bernhard Law Firm has obtained a summary judgment for clients in their construction abandonment lawsuit against a South Florida contractor. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result). If you have any questions or need a construction attorney for a Florida lawsuit, please contact Bernhard Law Firm at 786-871-3349, abernhard@bernhardlawfirm.com, or www.bernhardlawfirm.com.

The Owners paid as required under the contract and amendment, [Defendant contractor] demolished the interior of the residence, but then abandoned.

"Ladder fall prevention (9253630705)" by National Institute for Occupational Safety and Health (NIOSH) from USA - LeBlanc Construction Photos 2012. Licensed under Public Domain via Commons - https://commons.wikimedia.org/wiki/File:Ladder_fall_prevention_(9253630705).jpg#/media/File:Ladder_fall_prevention_(9253630705).jpg
“Ladder fall prevention (9253630705)” by National Institute for Occupational Safety and Health (NIOSH) from USA – LeBlanc Construction Photos 2012. Licensed under Public Domain via Commons – https://commons.wikimedia.org/wiki/File:Ladder_fall_prevention_(9253630705).jpg#/media/File:Ladder_fall_prevention_(9253630705).jpg

The background garnered from the lawsuit pleadings is as follows:

“This is the Owners’ action for breach of construction contracts, negligence, and violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”) against construction contracting company [Defendant]. The Owners contracted with [Defendant contractor] in December 2013 for an expeditious gutting and reconstruction of a residence in El Portal. [Defendant contractor] drafted a contract providing that time was of the essence, any changes must be written and signed by all parties, and payment by 10% down, 30% at demolition, and the remainder after substantial completion of all work. All agreed and signed. In June 2014, the parties amended this contract in writing to add more work for more money. The Owners paid as required under the contract and amendment, [Defendant contractor] demolished the interior of the residence, but then abandoned. After the Owners’ repeated pleas for [Defendant contractor] to finish, in October 2014 [Defendant contractor] demanded an extra $21,500 to fulfill the contracts, under threat of permanent abandonment. The Owners cannot pay for [Defendant contractor]’s extortion, and [Defendant contractor] has abandoned them with an unsafe and gutted shell.”

After numerous continuances and changes in the contractor’s law firm, the Court entered summary judgment in the Owners’ favor. If you have any questions or need a construction attorney for a Florida lawsuit, please contact Bernhard Law Firm at 786-871-3349, abernhard@bernhardlawfirm.com, or www.bernhardlawfirm.com.

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