Our lawyer sent this letter to their registered agent and also to their address in Lantana. (Florida Statutes 489.126). It makes the matter criminal and not civil, and in our situation forced Down To Earth pools to re-commence work on our pool.
Please be advised that I am writing on behalf of Mrs. and Mr. and their recent dispute regarding the construction of their pool.
The have paid the majority of the contract price for the construction of their pool. It has been over XX weeks that work has ceased on this project. Pursuant to Florida Statutes 489.126, we are hereby notifying Down to Earth Gunite Pools, LLC. that the monies paid were in excess of the work performed and the contractor must re-commence construction within thirty (30) days of mailing of the notification.
Please be advised that we are also mailing this notification to the address listed on the contract as per the statute.
Should Down to Earth Gunite Pools, LLC. fail to re-commence construction, then, a referral will be made to the appropriate authorities pursuant to Florida Statutes 489.126 (4).
Thank you for your prompt attention to this matter.
Very truly yours,