What are my rights in firing a contractor?

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What are my rights in firing a contractor?

I hired a pool contractor in March of 2017 to install a new pool and a pool deck at my property. We signed a contract I paid this person in full in order to receive a discount 25,500 in total was paid to this person. He is a licensed pool installation contractor. It is now November 2018 and all I have is a big hole filled with concrete in my backyard. The contractor refuses to complete the job with a wide variety of excuses he refuses to give back any money for unfinished work. I have reported him to the dbpr also to the state licensing board who has been investigating this case. So far there has been no actions by the state taken against him although they all say there is definitely proof that he has failed to complete the job. I am out a large sum of money and I am out of patience waiting for this person 2 give me back any money and or complete this job. The hole in the ground filled with concrete is like a swamp would dirty water at the bottom weeds growing out of the concrete sides it is a disgrace. My wife and I have not been able to move into this home due to this problem it is a dangerous backyard and disgusting. I need to know my rights and actions that I can take as it is clear the state is dragging their feet and no one seems to be able to offer me any result. I have contacted another pool contractor to get a cost to finish this project both the construction of the pool and of the pool decking they have quoted me $18,000. Obviously, I do not want to pay another large sum of money out to finish this job, however I feel I am between a rock and a hard place. This has been a complete nightmare. I am now looking at options what else can I do will I ever get any money back will the state ever take this person’s license away as he has also done this to other clients as I have found via the Internet and I have been in contact with them also there is plenty of proof to show this pool contractor is fraudulent.

Asked on November 2, 2018 under Real Estate Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue the contractor for breach of contract. Your damages (monetary compensation you are seeking in your lawsuit) would be payment made for unfinished work.  If you hire someone else to complete the job, you can recover the cost of completion.  You can also recover damages for any costs, expenses, etc. you have incurred for you and your wife not being able to move into the house due to the condition of the yard caused by the contractor.


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