Use this contractor disputes guide to build a clear demand letter for Miami.
Understanding Contractor Disputes in Miami, Florida
Miami's booming construction and renovation market, fueled by population growth, real estate development, and the need for hurricane-resistant improvements, brings homeowners into frequent contact with contractors for projects ranging from kitchen remodels and bathroom renovations to roof replacements, hurricane impact windows, pool construction, and whole-home additions. Unfortunately, the same market dynamics that create demand for construction services also attract unscrupulous contractors who take deposits and disappear, perform substandard work, abandon projects mid-completion, or drastically exceed budgets without justification. Understanding how to address these disputes is essential for any Miami-Dade County homeowner.
Florida provides substantial protections for homeowners through the Florida Construction Lien Law (Florida Statutes Chapter 713), contractor licensing requirements enforced by the Construction Industry Licensing Board, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), and specific provisions of the Florida Building Code. These laws create a comprehensive framework that regulates contractor conduct, establishes homeowner rights, and provides meaningful remedies when contractors fail to perform.
Many contractor disputes in Miami arise from common patterns: contractors who take large deposits but never begin work; contractors who start projects then abandon them incomplete; work that fails to meet building codes or contract specifications; projects that dramatically exceed agreed-upon costs without authorization; contractors who fail to obtain required permits; and contractors who use substandard materials. Understanding the legal framework surrounding these situations helps homeowners protect their investments and recover losses.
A well-written demand letter is often the most effective first step when dealing with a contractor dispute. It demonstrates you understand your legal rights, creates a formal record of the contractor's failures, and frequently motivates resolution because contractors understand the significant legal and licensing consequences of non-compliance. Many disputes resolve quickly after a proper demand letter citing Florida construction laws and threatening complaints to the Construction Industry Licensing Board.
This comprehensive guide provides Miami-Dade County homeowners with detailed information about Florida contractor laws, step-by-step instructions for documenting contractor failures and drafting effective demand letters, explanations of critical deadlines and procedures, and information about resources available to help resolve contractor disputes and recover losses.
Florida Construction Law for Miami Homeowners
Florida Contractor Licensing Requirements: Florida Statutes Chapter 489 establishes comprehensive licensing requirements for contractors. General contractors, building contractors, residential contractors, and specialty contractors (electrical, plumbing, roofing, air conditioning, etc.) must be licensed by the Florida Construction Industry Licensing Board or by local licensing authorities like Miami-Dade County. Performing contracting work without proper licensing is a criminal offense and provides homeowners with significant legal remedies. Verify contractor licenses through the Florida DBPR website or Miami-Dade County licensing records before hiring.
Florida Construction Lien Law: Florida Statutes Chapter 713 governs construction liens and establishes procedures that protect both contractors and homeowners. For homeowners, the most important protections include: the requirement that contractors serve a 'Notice to Owner' before claiming lien rights; the requirement for a 'Contractor's Final Payment Affidavit' before final payment; and limits on the amount a lien can secure. Homeowners can require lien releases before making payments. Understanding lien law helps homeowners structure payments to avoid paying twice for the same work.
Florida Deceptive and Unfair Trade Practices Act: FDUTPA (Florida Statutes Chapter 501, Part II) applies to contractor misconduct. Deceptive practices such as taking payment without intending to perform work, misrepresenting qualifications or licensing, using bait-and-switch tactics, or abandoning projects constitute FDUTPA violations. Homeowners can recover actual damages, attorney's fees, and costs. This is a powerful tool for contractor disputes.
Florida Building Code Compliance: Florida Statutes Chapter 553 establishes statewide building code requirements. Work must comply with the Florida Building Code as locally adopted by Miami-Dade County. Miami-Dade County has enhanced building code requirements, particularly regarding wind resistance and hurricane protection, making code compliance especially important. Contractors must obtain required permits and pass inspections. Unpermitted work can result in fines, required removal, and insurance complications.
Permit Requirements: Florida Statutes Section 489.127 requires licensed contractors to obtain permits for work requiring permits. Performing work without required permits is a violation that can result in disciplinary action against the contractor's license. Homeowners should verify that contractors have obtained proper permits before work begins and ensure final inspections are passed before making final payment.
Abandonment and Non-Performance: Florida Statutes Section 489.129(1)(j) makes it a violation for a contractor to abandon a project in which the contractor is engaged or obligated by contract. Abandonment can result in disciplinary action against the contractor's license, including fines, suspension, or revocation. This provides significant leverage for homeowners when contractors fail to complete work.
Construction Defect Claims: Florida law provides remedies for construction defects. Chapter 558, Florida Statutes, establishes a pre-suit notice procedure for construction defect claims requiring homeowners to provide written notice of claimed defects before filing lawsuits. The contractor then has an opportunity to inspect and offer to repair, settle, or dispute the claim. This pre-suit process is mandatory for certain construction defect claims.
Contractor Recovery Fund: Florida Statutes Section 489.140-489.145 establish the Construction Industry Recovery Fund, which provides compensation to homeowners who suffer financial loss due to contractor violations when the contractor cannot pay. Claims are limited and require the homeowner to have obtained a judgment against the contractor. The fund provides a safety net when contractors are judgment-proof.
Statutes of Limitations: Contract claims have a five-year limitation period for written contracts (Florida Statutes Section 95.11(2)(b)) and four years for oral contracts (Section 95.11(3)(k)). Actions to recover damages for deficiency in construction (not involving injury to person) must be brought within four years. The limitation period runs from when the defect was discovered or should have been discovered, not from when construction was completed.
Step-by-Step Guide to Contractor Dispute Demand Letters in Miami
Before writing any demand letter, create comprehensive documentation of the contractor's failures. Photograph incomplete or defective work from multiple angles. Document what was promised versus what was delivered. Record dates of communications, payments, and work performed. If work was abandoned, photograph the incomplete state. If work was defective, photograph specific problems. This documentation becomes essential evidence.
Gather all documents related to your contractor agreement: the written contract or proposal; any amendments, change orders, or written modifications; payment records including receipts, checks, and credit card statements; correspondence including emails, texts, and letters; permit applications and inspection records; and the contractor's license information. Analyze the contract to determine what the contractor agreed to do, the timeline, the price, and how disputes should be handled.
Check whether your contractor is properly licensed. Search the Florida Department of Business and Professional Regulation (DBPR) website at myfloridalicense.com to verify state licensing. For Miami-Dade County, also check local licensing through Miami-Dade County Regulatory and Economic Resources. Determine whether the contractor holds the correct license type for the work performed. If the contractor is unlicensed, this significantly strengthens your legal position.
Determine precisely what you have lost: amounts paid for work not performed; amounts paid for defective work requiring correction; cost to complete abandoned work (get estimates from other contractors); cost to repair or replace defective work; additional expenses caused by delays; damages to other property caused by contractor negligence; permit fines or reinspection fees; and any other consequential damages. Support each category with documentation.
For construction defect claims, Florida Statutes Chapter 558 requires pre-suit notice before filing certain lawsuits. The notice must describe the claimed defects and provide the contractor an opportunity to inspect and offer to repair or settle. While this may not apply to all disputes (particularly abandonment or failure to begin work), consider whether Chapter 558 applies to your situation.
Determine who may be responsible: the contractor individually; the contractor's business entity (LLC, corporation, etc.); any bonding company if the contractor was bonded; subcontractors who performed defective work; and the contractor's insurance carrier. Identify the correct legal names and addresses for all potential defendants. Search Florida Division of Corporations (Sunbiz.org) for business entity information.
Your demand letter should include: your name, address, and contact information; the contractor's correct legal name, license number, and address; the property address where work was performed; a description of the contracted work with the contract date; the contract price and amounts paid; a detailed description of the contractor's failures or defects; reference to specific Florida Statutes violated (Chapter 489 licensing violations, Chapter 501 FDUTPA violations, etc.); your calculated damages with supporting documentation; a specific demand amount; a deadline for response (typically 14-30 days); and consequences of non-compliance.
Explicitly state your intention to file a complaint with the Florida Construction Industry Licensing Board if the matter is not resolved. Contractors face license suspension, revocation, and fines for abandonment, non-performance, and other violations. This licensing threat creates powerful settlement pressure because losing a license ends a contractor's ability to work.
If applicable, mention your intention to pursue a claim against the Construction Industry Recovery Fund if you cannot collect from the contractor. This demonstrates you understand all available remedies.
Include copies of: the contract and all amendments; payment receipts proving amounts paid; photographs documenting defects or incomplete work; correspondence with the contractor; estimates from other contractors to complete or repair work; permit records; and your damages calculation. Organize attachments logically and reference them in your letter.
Send your demand letter via certified mail with return receipt requested to all addresses associated with the contractor (business address, registered agent address, home address if known). Also send copies via email if available. Certified mail creates proof of delivery essential for subsequent legal proceedings.
If the contractor does not respond satisfactorily, be prepared to: file a complaint with the Florida Construction Industry Licensing Board; file a FDUTPA complaint with the Florida Attorney General; pursue mediation or arbitration if required by your contract; file suit in Miami-Dade County Small Claims Court (up to $8,000), County Court ($8,001-$50,000), or Circuit Court (over $50,000); and file a Construction Industry Recovery Fund claim if you obtain a judgment.
Essential Evidence for Miami Contractor Dispute Claims
Your Contract and All Written Agreements: The contract establishes what the contractor promised and forms the basis for breach claims. Locate: the original signed contract or written proposal; any amendments, addenda, or change orders; written communications modifying the agreement; specifications, plans, or drawings referenced in the contract; warranty documents; and any arbitration or dispute resolution clauses. If you did not have a written contract, gather any written communications that establish the terms of your agreement.
Payment Records: Document every payment made to the contractor: canceled checks (front and back); credit card statements showing charges; bank records of transfers or withdrawals; receipts from the contractor; and invoices or draw requests. Create a chronological payment summary showing dates, amounts, and payment methods. This proves what you paid and when, which is essential for calculating damages.
Photographic and Video Documentation: Visual evidence is powerful in contractor disputes. Document: the property's condition before work began (if available); progress of work during the project; the condition when work stopped or was abandoned; specific defects, errors, or incomplete work; damages to other property caused by the contractor; and required corrections or demolition of defective work. Date-stamp photos and take wide shots establishing location plus close-ups showing detail.
Permit Records: Obtain permit records from Miami-Dade County Building Department: applications filed (or not filed) by the contractor; inspections passed and failed; open permits showing incomplete work; final inspection status; and any violations or stop-work orders. Unpermitted work is a serious violation and strengthens your claim significantly.
Communications Record: Maintain all communications with the contractor: emails (including sent and received); text messages (take screenshots); letters sent and received; notes from phone calls (date, time, participants, substance); and voicemails (save if possible). These communications often contain admissions, promises, and evidence of the contractor's knowledge of problems.
Repair Estimates: Obtain written estimates from other licensed contractors to: complete abandoned work; repair or replace defective work; bring work into code compliance; and repair damages to other property caused by the contractor's negligence. These estimates establish the cost of correction, which forms a major component of your damages. Get at least two or three estimates for credibility.
Expert Reports: For complex defects or code compliance issues, consider hiring: a licensed contractor to assess work quality; a structural engineer for foundation or framing issues; a building code inspector to identify violations; or other specialists appropriate to the defects. Expert opinions strengthen your case significantly, especially for technical defects.
License and Business Records: Gather information about the contractor: license number and status from DBPR; business entity information from Florida Division of Corporations; registered agent for service of process; insurance certificates (if provided); bonding information; and any prior complaints or disciplinary actions. This information helps identify defendants and may reveal patterns of misconduct.
Inspection and Code Violation Records: If inspections failed or code violations were issued, obtain these records from Miami-Dade County Building Department. Official violation notices provide strong evidence of substandard work.
Witness Information: Identify anyone who can support your claims: neighbors who observed work or the contractor's presence; other workers on the site who witnessed problems; inspectors who observed conditions; and anyone who heard the contractor make promises or admissions. Collect contact information and ask witnesses to provide written statements.
Critical Deadlines for Contractor Disputes in Florida
Pre-Suit Notice for Construction Defects: Florida Statutes Chapter 558 requires pre-suit notice for certain construction defect claims. The notice must describe the claimed defects. After receiving notice, the contractor has an opportunity to inspect and respond with an offer to repair, settle, or dispute the claim. This process must be completed before filing suit for construction defects. The timeline includes: sending the written notice with claim details; the contractor has 30 days to respond for residential property; the contractor may request inspection within 30 days; negotiations or dispute continue for specified periods. Failure to provide Chapter 558 notice may result in dismissal of your lawsuit.
Statute of Limitations - Contract Claims: For breach of written contract (including construction contracts), the statute of limitations is five years under Florida Statutes Section 95.11(2)(b). For oral agreements, the limitation is four years under Section 95.11(3)(k). The period runs from when the breach occurred, which is typically when the contractor abandoned work, when you discovered defects, or when final payment was due.
Statute of Limitations - Construction Defects: Florida Statutes Section 95.11(3)(c) provides a four-year limitation period for actions to recover damages for deficiency in design, planning, or construction of an improvement to real property (not involving injury to person). This period runs from when the defect was discovered or should have been discovered with reasonable diligence.
Statute of Repose: Florida Statutes Section 95.11(3)(c) also establishes a 10-year statute of repose for construction defect claims. Even if you discover a defect later, you cannot file suit more than 10 years after actual possession, issuance of certificate of occupancy, abandonment of construction, or completion. This outer limit applies regardless of when you discovered the defect.
FDUTPA Claims: Claims under the Florida Deceptive and Unfair Trade Practices Act must be brought within four years of the violation under Florida Statutes Section 501.207(5).
Licensing Complaints: There is no strict statute of limitations for complaints to the Florida Construction Industry Licensing Board, but filing promptly while evidence is fresh increases the likelihood of successful disciplinary action.
Construction Industry Recovery Fund Claims: To claim against the Recovery Fund, you must first obtain a final judgment against the contractor and demonstrate the contractor cannot pay. Claims must be filed within two years of the judgment becoming final.
Demand Letter Response Period: Allow the contractor a reasonable time to respond to your demand letter, typically 14-30 days. If your contract requires mediation or arbitration before litigation, factor that timeline into your planning.
Permit Expiration: Building permits expire if work is not completed within specified timeframes (typically one year in Miami-Dade County). If your contractor abandoned work with open permits, be aware of permit expiration and take steps to either close or extend permits as appropriate.
Common Mistakes to Avoid in Miami Contractor Disputes
Paying Too Much Money Upfront: Florida law limits contractor deposits to 10% of the contract price or $1,000, whichever is less, for home improvement contracts over $1,000 (with some exceptions). Paying large deposits upfront leaves you with limited leverage if the contractor fails to perform. Structure payments to match work completion milestones and retain significant final payment until work is complete and approved.
Not Verifying Contractor Licensing: Always verify that your contractor holds proper Florida state and Miami-Dade County licensing for the specific work being performed before signing a contract or making any payment. Use the DBPR website (myfloridalicense.com) and Miami-Dade County licensing records. Hiring unlicensed contractors creates problems with insurance, permits, and future sales of your property.
Failing to Get a Written Contract: Verbal agreements are difficult to enforce and lead to disputes about scope, price, and timeline. Always get a written contract specifying: detailed scope of work; materials to be used; project timeline with milestones; total price and payment schedule; permit responsibilities; warranty terms; and dispute resolution procedures. Ambiguous or missing contracts make disputes much harder to resolve.
Not Requiring Proof of Insurance: Contractors should carry liability insurance and workers' compensation coverage. Request certificates of insurance before work begins. If an uninsured contractor or their workers are injured on your property, or if they damage neighboring property, you may face liability.
Making Final Payment Before Work Is Complete: Retain final payment (at least 10%) until all work is complete, final inspections have passed, you have verified lien releases, and you are satisfied with the work. Once you pay in full, your leverage to require corrections disappears.
Not Verifying Permits Were Obtained: Require proof that the contractor has obtained required permits before work begins. Unpermitted work can result in fines, required demolition, insurance coverage problems, and complications when selling your property. Check permit status through Miami-Dade County Building Department records.
Failing to Document Everything: Throughout your project, document work progress, communications, payments, and any problems. Take photographs regularly. Save all emails and texts. Keep notes of phone conversations. If a dispute arises, your documentation determines whether you can prove your claims.
Not Understanding Lien Law: Florida's construction lien law allows unpaid subcontractors and suppliers to place liens on your property even if you paid the contractor. Protect yourself by: requiring lien releases before making payments; checking if Notice to Owner documents were filed (indicating potential lien claimants); and requiring a Contractor's Final Payment Affidavit before final payment.
Waiting Too Long to Take Action: When contractors fail to perform, prompt action is essential. Communicate concerns immediately in writing. Send demand letters promptly. File licensing complaints while the contractor is still licensed. Be aware of statutes of limitations. Delay weakens your position and may result in losing legal rights.
Trying to Complete Work Without Proper Permits: If a contractor abandons work without permits, do not simply hire another contractor to finish without addressing the permit situation. Unpermitted work must be addressed properly, which may require retroactive permits, inspections of covered work, or corrections. Consult with Miami-Dade County Building Department before proceeding.
Not Understanding Chapter 558 Pre-Suit Requirements: For construction defect claims, Florida law requires pre-suit notice under Chapter 558. Filing a lawsuit without completing this process may result in dismissal. Understand whether Chapter 558 applies to your claim and follow proper procedures.
Frequently Asked Questions: Contractor Disputes in Miami
Search the Florida Department of Business and Professional Regulation (DBPR) database at myfloridalicense.com by entering the contractor's name or license number. Verify that the license is active, the correct type for the work being performed, and that any required insurance is current. For Miami-Dade County work, also check local licensing through Miami-Dade County Regulatory and Economic Resources. Hiring an unlicensed contractor creates significant risks.
Document the abandonment with photographs of the incomplete work. Send a written demand letter requiring the contractor to complete the work or return payments for uncompleted work. File a complaint with the Florida Construction Industry Licensing Board, as abandonment is a violation under Florida Statutes Section 489.129(1)(j). Get estimates from other contractors to complete the work. Consider filing suit for breach of contract and pursuing a Construction Industry Recovery Fund claim if you obtain a judgment the contractor cannot pay.
Yes. File complaints with the Florida Construction Industry Licensing Board through DBPR. Grounds for complaints include abandonment, incompetence, misconduct, failure to obtain permits, unlicensed work, and other violations. Complaints can result in fines, suspension, or revocation of the contractor's license. Filing a licensing complaint creates significant pressure for resolution and protects other homeowners from the same contractor.
The Construction Industry Recovery Fund (Florida Statutes Sections 489.140-489.145) provides compensation to homeowners who suffer financial loss due to contractor violations when the contractor cannot pay. To file a claim, you must first obtain a court judgment against the contractor, demonstrate the contractor is unable to satisfy the judgment, and file a Recovery Fund claim within two years of the final judgment. The fund provides a safety net when contractors are judgment-proof.
Miami-Dade County Small Claims Court handles claims up to $8,000. For contractor disputes involving larger amounts, file in County Court (for claims between $8,001 and $50,000) or Circuit Court (for claims exceeding $50,000). Small Claims Court is designed for self-representation with simplified procedures, making it accessible for smaller contractor disputes.
For construction defect claims, Florida Statutes Chapter 558 requires pre-suit notice giving the contractor an opportunity to inspect and offer to repair, settle, or dispute the claim. This process must be completed before filing suit. For other claims like abandonment or taking payment without performing work, Chapter 558 may not apply, but giving the contractor an opportunity to cure through a demand letter is still advisable and may be required depending on your contract terms.
Unpermitted work is a serious violation. The contractor can face disciplinary action for performing work without permits. For you, unpermitted work can create problems with insurance coverage, resale of your property, and potential code enforcement action. Contact Miami-Dade County Building Department to discuss options, which may include retroactive permits with inspections of accessible work. Include permit violations in your complaint to the Construction Industry Licensing Board.
Under FDUTPA (Florida Statutes Section 501.2105), prevailing consumers can recover attorney's fees for deceptive trade practices, which may apply to contractor misconduct. Additionally, many construction contracts contain attorney fee provisions that courts may interpret as reciprocal under Florida law. Review your contract for fee provisions. The potential for fee recovery makes attorney representation more accessible for contractor disputes.
What to Expect When Settling Contractor Disputes in Miami
Settlement expectations for contractor disputes depend on the nature of the dispute, the strength of your evidence, the contractor's financial situation, and the contractor's concern about licensing consequences. Understanding realistic expectations helps you evaluate offers and make informed decisions.
For abandonment cases with clear documentation of payments made and work not completed, settlements often include return of payments for unperformed work and sometimes additional compensation for the increased cost of hiring another contractor to complete the project. The threat of licensing complaints creates significant settlement pressure because contractors who lose their licenses lose their livelihoods.
For defective work disputes, settlements may involve the contractor returning to complete or correct work, partial refunds to cover correction costs, or full refunds with the understanding you will hire others to correct defects. When evaluating offers to repair, consider whether you trust the contractor to perform properly this time and whether continued involvement creates more problems.
Licensed contractors generally face more settlement pressure than unlicensed contractors because they have more to lose. A complaint to the Construction Industry Licensing Board can result in fines, probation, suspension, or license revocation. Contractors with active licenses and ongoing businesses strongly prefer settling disputes over facing licensing consequences.
Financial realities affect settlement possibilities. Some contractors operate on thin margins and may genuinely lack funds to return payments or pay damages. The Construction Industry Recovery Fund exists for situations where contractors cannot pay judgments, but the fund has limits and requires obtaining a judgment first. Evaluate the contractor's apparent financial situation when deciding whether to accept settlement offers.
Typical settlement timelines vary. Demand letters often produce responses within 2-4 weeks from contractors who want to preserve their licenses. Contractors who do not respond to demand letters may require the additional pressure of filed licensing complaints or lawsuits. Most disputes that will settle do so within 60-90 days of initial demand; disputes that drag on longer often require court resolution.
When settling, ensure any agreement is in writing and addresses: the specific work to be completed or money to be paid; timeline for performance or payment; warranty on any corrective work; lien releases; and whether you are releasing other claims (be cautious about broad releases). If the contractor will return to complete work, ensure clear specifications and verification procedures.
Miami Contractor Dispute Resources and Contacts
Florida Department of Business and Professional Regulation (DBPR): Handles contractor licensing and complaints against licensed contractors. File complaints online or by phone.
License Verification: myfloridalicense.com
Complaint Filing: (850) 487-1395
Address: 2601 Blair Stone Road, Tallahassee, FL 32399
Website: myfloridalicense.com
Florida Construction Industry Licensing Board: Governs contractor licensing and discipline for state-licensed contractors. Complaints can result in fines, suspension, or license revocation.
Phone: (850) 487-1395
Website: myfloridalicense.com/dbpr/pro/cilb
Miami-Dade County Regulatory and Economic Resources: Handles local contractor licensing and building permits in Miami-Dade County.
Phone: (786) 315-2000
Address: 11805 SW 26th Street, Miami, FL 33175
Website: miamidade.gov/global/economy/building
Miami-Dade County Building Department: Issues permits, conducts inspections, and handles code enforcement for construction in Miami-Dade County.
Phone: (786) 315-2100
Address: 11805 SW 26th Street, Third Floor, Miami, FL 33175
Website: miamidade.gov/building
Miami-Dade County Small Claims Court: Handles contractor disputes up to $8,000.
Main Courthouse: 73 West Flagler Street, Miami, FL 33130
Phone: (305) 275-1155
Website: miami-dadeclerk.com
Florida Attorney General Consumer Protection Division: Handles complaints about deceptive business practices including contractor fraud.
Consumer Hotline: 1-866-966-7226
Website: MyFloridaLegal.com
Better Business Bureau of Southeast Florida: Handles consumer complaints about contractors and maintains business ratings.
Phone: (561) 842-1918
Website: bbb.org/southeast-florida
Florida Bar Lawyer Referral Service: Provides referrals to attorneys who handle construction law and contractor disputes.
Phone: 1-800-342-8011
Website: floridabar.org/public/lrs
Dade County Bar Association Lawyer Referral Service: Local referrals to Miami attorneys including construction law specialists.
Phone: (305) 371-2220
Website: dadecountybar.org
Legal Services of Greater Miami: Free legal assistance to low-income Miami-Dade residents including help with contractor disputes.
Phone: (305) 576-0080
Address: 4343 W. Flagler Street, Suite 100, Miami, FL 33134
Website: legalservicesmiami.org
Construction Industry Recovery Fund: Provides compensation to homeowners when licensed contractors fail to pay judgments.
Administered by DBPR: (850) 487-1395
Website: myfloridalicense.com
The Contractor Checkmate
Contract is King
Written agreement? Good. Verbal? Tougher, but texts and emails can help.
Document the Damage
Photos, videos, expert opinions. Every flaw is evidence.
Money Trail Matters
Payments, invoices, change orders… track every dollar.
The Contractor's Legal Nightmare
Many states require contractors to be licensed, and there can be serious penalties for unlicensed work or abandoning a project.
Florida Contractor Disputes Laws
Applicable Laws
- Florida Construction Industry Licensing
- Fla. Stat. § 489
- Construction Lien Law Ch. 713
Small Claims Limit
$8,000
Consumer Protection Agency
Florida DBPR Construction Industry Licensing
Contractor Combat FAQ
When should I send a demand letter?
After reasonable attempts to resolve the issue directly fail. Give them a chance to fix problems, but don't wait indefinitely.
What if they're unlicensed?
That could be a major advantage. Many states void contracts with unlicensed contractors or allow full refund of payments made.
Can I withhold final payment for incomplete work?
Generally yes, especially if there's a written contract. Document the incomplete items and the amount you're withholding.
What if they filed a mechanic's lien?
You may still have claims against them. Dispute the lien if work wasn't completed satisfactorily. Consider consulting an attorney.
Should I get repair estimates from other contractors?
Yes. Independent estimates document the cost to fix problems and show what proper work should cost.
What about permits they never got?
Unpermitted work creates serious liability. The contractor may be required to obtain permits or undo work at their expense.
Can I recover more than my actual damages?
Often yes. Consumer protection laws may allow double or triple damages, plus attorney fees for contractor fraud or violations.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.