Choosing a home contractor can be stressful, but finding the right one is perhaps the most important part of any Florida renovation or construction project. Unfortunately, there are instances in which you need to move on from the contractor that you chose initially. Firing a home contractor isn’t as easy as telling the person to not come back, but there are legal ways of terminating your relationship with your contractor.
When can’t you fire a home contractor?
You cannot legally fire your home contractor because you don’t get along with them or their staff. Additionally, you cannot fire them for doing something differently than you wanted it done as long as their method doesn’t break any agreement within your contract.
When can you fire a home contractor?
In order to legally fire your home contractor, you must be able to prove that it committed a material breach of contract. There isn’t a detailed definition of “material breach of contract,” but according to experts, the term refers to a situation in which a contractor fails to comply with the essential elements of the contract.
Imagine that you hire a contractor to remodel your kitchen, but it doesn’t apply decorative backsplash behind the stove. Unless the contract specified this part of the process, this isn’t a material breach of contract. However, if the cabinet doors won’t close because of faulty installation, that is a material breach of contract.
How to legally fire your contractor
Several states, including Florida, have “right to cure” laws that allow contractors the opportunity to rectify any issues with a project before facing legal action. Additionally, most experts recommend that homeowners fire their contractors in writing instead of verbally. This ensures that the contractor can’t deny receiving notice of its termination.
Upon termination, most contractors claim that the termination wasn’t justified. Understanding contract law and firing your contractor the right way improves your chances of proving that it was.
