Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida
786-574-4943

Interior contractor files breach of contract suit

A subcontractor specializing in interior work is suing a construction company after the company allegedly failed to pay an agreed-upon fee, according to business news. Florida contractors understand the importance of a clear, mutually understood contract prior to executing a work order, and this is an ideal example of how that importance is warranted. The breach of contract case has been assigned to a business court justice and is waiting to be seen. 

According to the complainant, an agreement was reached in June of 2011, stating that Olde Tyme Interiors would provide the labor and materials required to complete flooring on a massive redux of a blood center out-of-state. The work was apparently completed ahead of schedule, and additional work was done at the same time, leaving a balance on the invoice of some $6,700. The plaintiff then requested demolition work and additional installation, adding another $16,000 to the outstanding amount.

Coupled with the originally agreed-upon work, the total for the invoice reached some $88,000 in total. While the initial fee was paid, Olde Tyme had contended that a failure on the part of the contractor to pay out for the additional work requested and completed constitutes a breach of contract. They are requesting monetary damages be paid out. 

If additional work becomes necessary on a job, it is the responsibility of both parties to revisit any existing contract to update it concurrent with these new requirements -- a fact to which any Florida contractor can attest. However, in this instance, it appears as though work was done for no pay, which of course is untenable in the business world, as it constitutes a breach of contract. If Olde Tyme wins its case, the contractor will likely be required to pay out for the work done as well as court costs and other possible damages incurred.

Source: louisianarecord.com, "Olde Tyme Interiors files $88K breach of contract claim against ConstructionSouth", Max Schramel, Dec. 8, 2014

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