EASE BACK INTO WHAT YOU NEED TO DO

By Eric Glazer, Esq.

Published June 7, 2021

 

Well, it looks like the worst of the Coronavirus is behind us.  We are vaccinated and the world seems to be coming back to life, very quickly.  And that scares me as an attorney.

 

I understand that after being cooped up for the last year, and putting many ideas, repairs and modifications on hold, there is an eagerness to immediately get back to business in a big way.  Start that repair, remove the deck, paint the building, change those carpets, patch the holes and the like.  But, before you get to do any of that, the contractor you choose is going to want you to do one thing first……..sign a contract.  So, slow down.

 

I can’t tell you how many times I have been asked “Eric, we just signed this contract.  It turns out we hate it.  Can you get us out of it?”  So I say, “Is that your signature on that contract?”  and they say “Yes it is.”  And I say “Sorry, I can’t get you out of it.  You should have let me see the contract first, before signing it.”

 

It just amazes me when I see associations sign six or seven figure contracts without the association’s counsel reviewing the contract first.  And often times the contract is missing simple terms like a starting date, a completion date, the exact scope of the work, the materials to be used, etc.

 

Many times clients will come in and complain that the job is taking too long.  So, in the contract, I’m looking for a promised completion date and a monetary penalty for each day the contractor goes over.  It turns out, that’s not in the contract either.

 

I also hate it when the client tells me they paid for the entire job up front.  What incentive does the contractor have to finish your project if he or she has already been paid in full?  Why didn’t you get a warranty?  Who pays for permits?

 

            In any event, I know you want to spruce up the place.  I know you have a lot of pent up energy because we have been in the house for a year.  But slow down.  Have your counsel take a look at that contract before you sign it.  If you don’t ----- your rights and remedies can be severely limited and if you thought you felt frustrated during Covid………………


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About HOA & Condo Blog

Eric Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for three decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

 

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at 11:00 a.m. each Sunday on 850 WFTL.

   

See: www.condocrazeandhoas.com.

   

Eric is the first attorney in the State of Florida that designed a course that certifies condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.



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