Video Summary


Do I have any recourse in obtaining a home warranty that was promised by never delivered by my contractor?  The answer to the question is yes, if that’s part of the contract and they don’t deliver it, you’re entitled to sue them for breach of contract and what your damages are.

 

The problem is, is measuring your damages and what it will cost you to obtain that warranty through another source, or whoever it was going to be issued through.  So it’s a question of coming up with the measure of your damage as far as getting the home warranty contract.  Any time you have a breach of contract by your contractor, the first thing that I will advise if you call me about the problem, is call in another contractor, ask him to advise you how much it’s going to cost to complete the job that you contracted for.  And so then we take his costs, add it to what you’ve already paid to the contractor, and then subtract the total contract price to see what your damages may be.  In the case of a home warranty, that will be interesting to see if another contractor would be able to issue that home warranty and then assigning a value to it as far as your damages are concerned.  A tough question, not a very good answer.  But it is what it is.  So if you have any questions about your contractor and your home warranties, well call me at 727-847-2288.

 

Video Summary

 

Am I required to allowed unattended access inside my home by my contractor?  The answer to the question is no; however, you need to look at the consequences and are you there, or someone there at every day to provide him access.

 

Because your contractor’s gonna want to be able to get in there and get the job done.  And so he’s not gonna want to have to wait until you’re at home or whatever.  Of course, if you have a contractor that hadn’t shown up, and he wants to show up every three of four weeks, well it sounds like you need to get rid of your contractor and get someone else.  But you could probably write into the contract that says that he is – that you will be available or negotiate that on the front end.  And particularly if you’re doing a remodeling and you’re living there in your home, the answer to the question is no.

 

However, it may impeded the progress of your job.  But my experience says, well, that hadn’t been a problem you being there to allow him access, it’s been a problem of him not showing up, and then him wanting to show up whenever he wants to and then complain that he couldn’t get in to do the work.  So it sounds like a problem between the owner and the contractor, and sounds we need to get a new contractor and go through that process rather than talking about access to the home.

 

So if you have any questions about your construction contract and your contractor, well give me a call at 727-847-2288.

Video Summary

 

After a Notice of Commencement has been signed, can you change your contractor?  The answer is yes; however, it is circumstances surrounding changing your contractor is what’s critical.

If you change it before you go in to get your building permits, or while you’re getting building permits under a different contractor, well then you will simply prepare an Amended Notice of Commencement before you ever start work.  If however you terminate your contractor, well then you’ve got to through a termination process as far as terminating the contractor and simply filing an amendment as your Notice of Commencement is concerned.  So yes, you can.  It is somewhat difficult to do.  And usually involves discharging a contractor and then filing a Notice of Recommencement under a – filing a Notice of Recommencement to start your work.  So I guess the best way to say this you can, but you need to do it very carefully, and what the circumstances would be.  So if you have any questions about your Notice of Commencement well give me a call at 727-847-2288.

 

Video Summary


Medicaid Application Process.  A Request for Assistance, which is also commonly referred to as an RFA form is generally used to apply for most Medicaid programs.  With this form, the applicant must file permission steps to allow DCF to check Medicaid, medical and financial records, a form to specify which program is being applied for, and also a doctor’s statement showing the medical necessity of the applicant.

 

Following receipt of the RFA, the applicant will be notified by a letter containing a request for records the applicant needs to assemble in order to complete their application.  Most records requested are bank statements and other financial records tending to show the financial status of the applicant, such as estate planning documents.

 

After all information is assembled, the case will be decided and a letter will be sent to the applicant informing them of the grant or denial of aid.  Usually the decision letter is sent within 45 to 60 days of the application date.  It is important to note that it is always best for a lawyer – your lawyer – to handle this process from start to finish, rather than attempting to complete this process individually or through a family representative.  Organization and proper presentment of information is necessary, as is the knowledge of laws, rules and regulations, in order to successfully complete this process.

 

Also, it’s very important to know that the date of your application is key to determination, since in most instances the grant of benefits will be retroactive to the first day of the month in which the application is processed.  If the applicant is eligible for one day of the entire month, then entitlement is good for the entire month applied for.  Also, the Institutional Care Program entitlement date is the date in which the institutionalization began and the applicant is otherwise eligible.  Another component of the application process is verification of U.S. citizenship.  Another component is verification of residency in the state of Florida at the time of the application.

 

What types of financial records must be gathered to ensure complete financial disclosure for the Medicaid application process?  Such types of documents include: VA benefits forms and letters, pension benefits, life insurance records, security statements, bank records, deeds, accounts payable such as notes and mortgages, tax bills such as real estate tax bills from the preceding year, vehicle registration, title papers, insurance information such as homeowner’s insurance, disability insurance, life insurance, funeral records, burial accounts, funeral and plot contracts as well as funeral deeds, prenuptial and postnuptial agreements, powers of attorney, utility bills, receipts and other records showing current utility needs, HOA statements and dues, leases annuities, personal services contracts are also very important to include.  It’s very important to note that the list I just provided is not an exclusive list of all the documents that must be provided in the Medicaid application process.

 

If you would like us to help you with your Medicaid application process, we would be honored to do so.  Please give us a call at Waller & Mitchell, 727-847-2288.

 

Video Summary

 

What recourse do I have if my builder does not finish my home by the agreed upon completion date?  This is a very troublesome problem whenever builders do not complete the houses or complete the improvements by the specified date.  Most contracts on new construction have a clause that says that the builder does not have any responsibility, and you cannot charge them with any expenses.

 

If they do not complete it on the agreed upon date, it is great if you can negotiate it in the contract what the damages are.  That is called a liquidated damage clause, and say, $100.00 a day.  If you can prove your damages, you can probably sue the contractor for damages for delaying completion, which is a difficult lawsuit.  So the best thing to do is try and cover that in the contract whenever you contract with the contractor to say how much it is going to cost them.  And there is a great deal of pushback by builders on not agreeing to put a liquidated damages clause in there.

 

What I have found is, whenever the builder really drags their feet and they have not shown up and have pretty much abandoned this job, then it is my suggestion you contact an attorney, send them a notice of termination, tell them that you are going to hire somebody else, and then sue them for any damages that you have if it is going to be worthwhile.

 

So if you have any problems with your builder and need some guidance, well, give me a call at 727-847-2288.