Hiring a contractor is a significant investment for property owners in Florida, whether they need assistance building a home, remodeling a business or repairing damage. Unfortunately, not all contractors operate in good faith. Some take money upfront, fail to perform promised work and then disappear, leaving property owners with unfinished projects and financial losses.
This behavior not only causes frustration but may also constitute a breach of contract or even fraud. When contractors take money and fail to fulfill their obligations, it can involve:
- Incomplete Work: A contractor starts the project but abandons it midway, leaving the property owner with a partially finished job
- No Work Performed: In some cases, a contractor may accept a deposit or payment but never show up to begin the work
- Poor Quality Work: Contractors may rush to complete a job inadequately before disappearing, resulting in additional costs to fix the subpar work
Each of these situations can be consequential and each may result in grounds for legal action.
Crafting a legal response
Florida law provides several avenues for property owners to seek recourse when a contractor takes money without delivering on their promises:
- Breach of Contract: A signed contract generally outlines the scope of work, deadlines and payment terms. If a contractor fails to perform as agreed, they may be held liable for breach of contract.
- Florida Construction Lien Law: Generally, a contractor must provide a Notice of Commencement and, in some cases, lien waivers for subcontractors. This can help to prevent disputes about whether a contractor has paid subcontractors and suppliers before they, themselves, ran off. In the case of complications, however, seeking legal guidance can help.
- Fraud Claims: If a contractor accepts payment without any intention of completing the project, they may be guilty of fraud. Florida law allows property owners to pursue civil remedies against fraudulent contractors.
When contractors take money and run, Florida property owners don’t have to face the consequences alone. Legal protections exist to hold contractors accountable and to allow victims to recover damages in many cases.