Florida Contractor Lawsuit: Suing for Defective or Bad Work

A lawsuit is one of several remedies available under Florida’s consumer protection laws when a contractor leaves work defective, unfinished, or not built to the contract. Suing is rarely the first step: Florida law requires a written notice and a chance to repair before most construction cases can be filed, and strict deadlines control how long the homeowner has to act. This article covers the legal grounds for a Florida contractor lawsuit, the pre-suit notice the law requires, the deadlines that limit the claim, where the case is filed, and what changes when the contractor was unlicensed.

Legal grounds for suing a contractor

A contractor lawsuit usually rests on one or more of a few theories, and the same set of facts can support several at once.

Breach of contract is the most common. When a contractor fails to perform what the written or oral agreement promised, that is a breach. The distinction matters for timing: under Fla. Stat. § 95.11(2)(b), an action on a written contract has a 5-year window, while an action on an oral contract has 4 years under § 95.11(3)(j).

A construction-defect claim targets work that was done improperly or with defective materials, whether or not a specific contract term was broken. A negligence claim applies when the contractor failed to perform the work with the ordinary skill and care expected in the trade. And a claim under Florida’s Deceptive and Unfair Trade Practices Act can apply when the contractor used misleading sales tactics, took a deposit for work never started, or misrepresented licensing or qualifications. A FDUTPA claim can allow recovery of attorney fees that a plain breach-of-contract claim does not.

Serve the 60-day notice of claim first

Florida funnels most construction-defect disputes through a mandatory pre-suit process in Chapter 558 before a lawsuit can proceed. Under Fla. Stat. § 558.004, the property owner must serve a written notice of claim on the contractor at least 60 days before filing suit, or at least 120 days when the claim involves an association representing more than 20 parcels. The notice must describe each alleged defect in reasonable detail and identify where it is located.

Once the notice is served, the contractor is entitled to inspect the property, and within 45 days must respond in writing with an offer to repair the defect, an offer to settle by payment, a combination of the two, or a statement disputing the claim. If the contractor disputes the claim or does not respond in time, the owner can then proceed with the lawsuit.

Deadlines that can bar the claim

Two separate clocks limit a construction claim, and missing either one can end the case regardless of its merits.

The statute of limitations sets how long a claimant has after a problem is or should be discovered. Under Fla. Stat. § 95.11(3)(b), an action founded on the construction of an improvement to real property must be brought within 4 years. For an obvious problem, the 4 years generally run from the earliest of the certificate of occupancy, the certificate of completion, or the abandonment of construction. For a latent defect that a reasonable inspection would not reveal, the 4 years run from when the defect is discovered or should have been discovered.

The statute of repose is an absolute outer limit. The same section requires that the action be commenced within 7 years of the certificate of occupancy, certificate of completion, or abandonment, whichever is earliest, even for a defect discovered late in that window.

Where to file and what you can recover

The court depends on the dollar amount in dispute. Under Fla. Stat. § 34.01, county court has jurisdiction over claims that do not exceed $50,000, exclusive of interest, costs, and attorney fees, for cases filed on or after January 1, 2023. Larger claims are filed in circuit court. County court also runs a simplified small claims track for lower-value disputes; the clerk of court confirms the current small claims ceiling and the forms each track uses.

Damages in a defect case are typically measured by the cost to repair or complete the work correctly, and sometimes by the reduction in the property’s value. A contractor who recorded a construction lien on the property adds another layer; a homeowner disputing the amount or validity of that lien deals with it under Florida’s mechanics lien rules, often in the same litigation.

1. Document the defect and the contract

   Gather the signed contract, change orders, payment records, permits, and dated photographs of the problem. An independent inspection or estimate from another licensed contractor helps describe each defect and its repair cost.

2. Serve the Chapter 558 notice of claim

   Serve the written notice of claim on the contractor at least 60 days before filing, describing each defect and where it is located, as required by Fla. Stat. § 558.004.

3. Evaluate the contractor's response

   Review any inspection results and the contractor’s written offer to repair, pay, or dispute. Accepting a repair offer bars a later suit on that defect if the contractor performs as agreed.

4. Choose the court and file the complaint

   File in county court for claims up to $50,000 or circuit court for larger amounts, stating the legal grounds and the damages sought.

5. Serve the contractor and proceed

   Have the contractor formally served with the complaint so the case can move toward mediation, settlement, or trial.

For a judgment against a licensed contractor that the homeowner cannot collect, Florida maintains the Florida Homeowners’ Construction Recovery Fund under Fla. Stat. § 489.140, which can reimburse eligible homeowners subject to statutory caps and conditions administered by the state.

When the contractor was unlicensed

Florida treats unlicensed contracting differently, and it usually works in the homeowner’s favor. Under Fla. Stat. § 489.128, a contract entered into by an unlicensed contractor is unenforceable in law or equity by that contractor. The unlicensed contractor cannot sue to collect the balance, and no construction lien or bond claim exists in the unlicensed contractor’s favor. The homeowner’s own rights to sue for defective work are not cut off by this rule.

Whether a contractor was licensed on the date the contract took effect is the deciding fact under the statute. Alongside a lawsuit, using an unlicensed person for work that requires a license can also be reported; the steps to report a bad or unlicensed contractor run through state and local channels separate from the court case.

Complaints that work alongside a lawsuit

Regulatory complaints and a lawsuit are not mutually exclusive, and many homeowners pursue both. A complaint to a licensing board can lead to discipline against the contractor’s license but does not by itself award money to the homeowner; a lawsuit is the route to a money judgment.

A homeowner can file a consumer complaint with the Florida Department of Agriculture and Consumer Services, which handles many consumer disputes and mediation requests. For a licensed construction contractor, a complaint through the Construction Industry Licensing Board discipline process addresses conduct that violates licensing law. Cases that involve large amounts, contested questions of law, or complex defect claims commonly involve an attorney; the Florida Bar Lawyer Referral Service helps locate one in a specific practice area. These channels can run before, during, or after the pre-suit notice period without waiving the right to sue.