Business Law ยท January 15, 2023
Contractor Disputes in Florida: Your Rights When a Job Goes Wrong
Shoddy workmanship, abandoned projects, and unlicensed contractors are among the most common legal disputes in Florida. Here is what homeowners and businesses need to know.
Florida's construction industry is vast and busy, and so is its contractor dispute caseload. Homeowners and businesses dealing with incomplete work, defective construction, billing disputes, and liens face a complex intersection of contract law, licensing requirements, and statutory remedies. Understanding your rights before a dispute escalates can save tens of thousands of dollars.
The Florida Contractor Licensing Requirement
In Florida, general contractors, roofing contractors, plumbing contractors, electrical contractors, and others must be licensed by the Florida Department of Business and Professional Regulation (DBPR) or by the relevant county or municipality. Hiring an unlicensed contractor exposes you to risk: the work may not meet code, you may have no recourse against the contractor's license, and some insurance policies exclude losses from unlicensed work. Always verify license status at myfloridalicense.com.
Construction Defect Claims
Florida's construction defect statute (Chapter 558) requires that before filing a lawsuit, the property owner provide written notice to the contractor identifying the alleged defects. The contractor then has an opportunity to inspect and respond, with a repair offer, monetary settlement, or denial. This pre-suit process is mandatory and, if skipped, can result in dismissal of your claim. The statute of limitations for latent construction defects is 10 years from completion.
Mechanic's Liens: What They Are and Why They Matter
A contractor, subcontractor, or material supplier who is not paid for work performed on your property can file a mechanic's lien against the property. In Florida, this lien must be filed within 90 days of last furnishing labor or materials. A valid lien can cloud your title and prevent you from selling or refinancing until it is resolved. Homeowners can protect themselves by requiring a Notice of Commencement, keeping records of all payments, and obtaining contractor affidavits at closing.
Breach of Contract Remedies
If a contractor abandons a project, performs defective work, or overcharges, your primary remedy is a breach of contract claim. Your contract, or if there is none, the oral agreement and course of dealing, defines the obligations of each party. Damages can include the cost to complete or repair the work, loss of use, and consequential damages. An attorney's fees provision in the contract (or the applicable statutory provision) may allow recovery of legal fees if you prevail.
Charles Vega has represented homeowners and businesses in contractor disputes throughout Central Florida. If a construction project has gone wrong, call (800) 975-0529 before you make any more payments or sign any releases.
Attorney Advertising | General information only. Not legal advice. This is a static reading copy of a public Insights article. Consult an attorney about your specific circumstances.