Contractor’s Bad Repair & Paint Job Damage Condominium
E.J. (FL): A contractor was hired by the condominium board to paint and repair my building. The project took almost two years to complete, and my unit had significant damage during that period. The construction crew started out by covering the units they were working on to protect the nearby units from possible damage. Their work was sloppy and quickly done by the time they reached mine. They even protected the wrong unit!
Missing tiles, the floor of the balcony being chipped in 15 places, and the windows having paint on them was some of the damage to my unit. The window edges sustained damage when the plastic was removed from the surface. Surrounding one window were huge cracks in the cement, and a large section of the railing did not have paint.
I made a list of the damage for the condominium board and complained to the manager. The contractor did another bad job, even with the list. The repair work had already been signed off by the manager. I did not receive a response when I wrote to the condominium board. During the summer of 2007 is when this happened. Returning to school, sending my children to college, and attending to very ill parents took me away.
Upon my return, I wrote another letter to the condominium board because of their lack of response. They told me too much time had elapsed since the damage occurred. My attorney told me I had four years to pursue the problem. Should I sue the association or the contractor?
Dear E.J.: What a shame. Unfortunately, this problem is common in condominium associations. Whether contractors are applying paint or doing a repair or other jobs on the property, they should take pride in their work.
The condominium board can help to ensure that contractors perform well by getting copies of their insurance policies and Workers’ Compensation. The contracts should be very detailed and the board could require performance bonds. When a contractor has to provide all of these items, it goes a long way towards getting a good repair and paint job or any other work on the condominium. The contractor knows his feet will be held to the fire.
Your action was good. Another suggestion would be to request a hearing before the board and have minutes of that hearing recorded. Proof of the quality of the paint and repair work is in the minutes and your written record of the events. The procedure required for a response by the board to an inquiry made by a unit owner is discussed in the Florida statute 719.106(1)(a)2.
I don’t know the requirements for legal representation in small claims court. Your question is about whether to sue the condominium association or the contractor. You could sue the board, but the construction company was hired by the board and worked for the association. Therefore, a contractor is usually sued by the association. You may actually be the third party in this issue because you did not personally hire the contractor.
I assume no liability for any consequences arising from the use of this information. I offer only general guidelines, not legal advice or opinions. Condominium laws may differ from state to state.
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