A Contractor Abandoned My Project in Florida: What Can I Do?

A Contractor Abandoned My Project in Florida: What Can I Do?

If a contractor abandoned your project in Florida, document everything in writing, send a certified written demand to resume work or refund your money, and file complaints with the Florida DBPR and your local building department. You can sue for breach of contract (a 5-year deadline applies to written contracts), pursue the Florida Homeowners' Construction Recovery Fund if the contractor was licensed, and recover deposits a contractor failed to use. Acting quickly protects both your money and your legal deadlines.

What Counts as "Abandonment" Under Florida Law

Not every delay is legal abandonment. Florida has a specific standard. Under Florida Statute §489.129(1)(j), a construction project is presumed abandoned when a licensed contractor stops work for 90 consecutive days without just cause and without properly notifying you of the reason for stopping. That 90-day presumption is the line regulators and the Florida Homeowners' Construction Recovery Fund use.

"Just cause" matters. A contractor who walks off because you stopped paying, because the building department won't issue a permit, or because you blocked access to the site may have a legitimate defense. But a contractor who took your money, made excuses, stopped answering calls, and left your home gutted or half-built almost certainly does not.

You do not have to wait a full 90 days to start protecting yourself. The 90-day rule sets a legal presumption — it is not a waiting period before you can act. The moment a contractor stops communicating or stops showing up, begin documenting and sending written demands. The earlier you create a paper trail, the stronger every later remedy becomes.

A separate and powerful protection applies to your deposit. Under Florida Statute §489.126, if you paid a contractor an initial deposit of more than 10% of the contract price for work on residential real property, the contractor must apply for the necessary permits within 30 days and begin the work within 90 days after the permits are issued. If the contractor took your large deposit, never pulled permits, and never started, you can make a written demand for performance or a refund. A contractor who fails to apply for permits, start work, or refund your money within 30 days of your written demand can be presumed to lack just cause — and under §489.126, that conduct can be prosecuted as theft.

Immediate Steps to Take When a Contractor Walks Off

Move methodically. The goal is to preserve evidence, stop further loss, and set up every legal remedy at once.

1. Stop all further payments. Do not send another dollar hoping it brings the contractor back. Money already paid for work not performed is the heart of your claim.
2. Photograph and video the site. Capture the exact state of the unfinished work, exposed framing, missing materials, and any defective or code-violating work left behind. Date-stamp everything. This is your "before" record.
3. Gather your documents. Pull together the signed contract, every estimate and change order, all invoices, your proof of payments (canceled checks, card statements, Zelle/transfer records), the permit (or proof none was pulled), and every text, email, and voicemail.
4. Send a written demand by certified mail. State clearly that the contractor has abandoned the project, demand that they either resume work by a specific date or refund unearned amounts, and reference §489.126 if a large deposit went unused. Keep the green return-receipt card. This written demand is often a legal prerequisite to later remedies.
5. Check the permit and inspection status. Call your city or county building department. Find out whether a permit was ever pulled, what inspections passed, and whether the open permit now exposes you to problems. You may need to get the permit transferred or closed before another contractor can legally finish.
6. Verify the contractor's license. Look up the contractor on the Florida DBPR license portal (myfloridalicense.com). Whether they are licensed — and whether the license is active — changes which remedies you have.
7. Get written bids to complete the work. Quotes from replacement contractors establish your "cost to complete," which is a core measure of your damages.

How to Recover Your Money in Florida

You usually have several avenues, and they are not mutually exclusive. The right mix depends on whether the contractor was licensed, how much you lost, and whether the contractor still has assets.

Breach of contract lawsuit. Abandonment is a breach of your construction contract. You can sue to recover the difference between what you paid and the value of the work actually completed, plus the reasonable cost to finish the job and repair defective work. In Florida, the statute of limitations for an action on a written contract is five years (§95.11(2)(b)); claims founded on the construction of an improvement to real property generally carry a four-year limit (§95.11(3)), which can run from the date construction was abandoned. Do not assume you have years to spare — gather your records and get advice early.

Florida Homeowners' Construction Recovery Fund. If your contractor was licensed and you obtain a final judgment, arbitration award, or restitution order against them for abandonment or financial mismanagement, you may recover from this state fund administered by the DBPR's Construction Industry Licensing Board (CILB). It exists precisely for homeowners who win but can't collect from a contractor who is broke or has vanished. For Division I contracts entered after January 1, 2025, the maximum recovery was raised to $100,000 per claim; Division II claims are capped at $15,000. A non-refundable processing fee (currently $100) applies, and you generally must apply within one year of your award. This fund is one of the strongest reasons to confirm whether your contractor was licensed.

DBPR / CILB complaint. File a complaint with the Florida Department of Business and Professional Regulation. The state can discipline a licensed contractor for abandonment under §489.129 — including fines, license suspension, and revocation — and a restitution order from the board can become your ticket into the Recovery Fund.

Deposit recovery and criminal referral. If §489.126 applies (a deposit over 10% with no permits and no work), your certified written demand can set up both a civil refund claim and a possible criminal theft referral to your local State Attorney. Theft of construction deposits is taken seriously in Florida.

Construction defect notice (if defective work was left behind). Where the dispute also involves defective construction — not just unfinished work — Florida's Chapter 558 pre-suit process may apply. It generally requires you to serve the contractor with written notice of the claimed defects and an opportunity to inspect and respond before filing a defect lawsuit. An attorney can tell you whether §558 governs your situation.

Unlicensed Contractors: A Different and Stronger Position

If your "contractor" was unlicensed, your legal footing is often better, not worse. Florida regulates construction contracting under Chapter 489, and unlicensed contracting is unlawful. Florida courts have held that an unlicensed contractor generally cannot enforce the contract or sue you to collect — which strips away many of the arguments they might otherwise raise against you.

The trade-off: the Homeowners' Construction Recovery Fund is for losses caused by licensed contractors, so it will not cover an unlicensed operator. That makes a direct civil suit, a refund demand, and a complaint to the DBPR's Unlicensed Activity unit your primary tools. Unlicensed activity can also carry criminal exposure for the contractor, which sometimes motivates a refund. Either way, confirming license status early tells you which path to take — and an attorney can map it for you.

Talk to a Florida Attorney

A contractor abandoning your project can cost you tens of thousands of dollars and leave your home unlivable — but Florida law gives homeowners real leverage if you act quickly and build the right record. The team at Louis Law Group helps Florida homeowners hold contractors accountable, recover deposits and damages, and pursue the Homeowners' Construction Recovery Fund where it applies.

See if you qualify for a review of your situation, or call (833) 657-4812 to speak with our Fort Lauderdale team. The sooner you reach out, the more options you keep on the table.

Frequently Asked Questions

Q: How long does a contractor have to be gone before it's legally "abandonment" in Florida? A: Under Florida Statute §489.129(1)(j), a project is presumed abandoned when a licensed contractor performs no work for 90 consecutive days without just cause and without notifying you of the reason. That said, you don't have to wait 90 days to act — start documenting and sending written demands the moment the contractor stops showing up or stops communicating.

Q: Can I get my deposit back if the contractor never pulled a permit or started work? A: Often, yes. Florida Statute §489.126 requires a contractor who took a deposit over 10% of the contract price to apply for permits within 30 days and begin work within 90 days of permits being issued. Send a certified written demand for performance or a refund. If the contractor doesn't comply within 30 days of that demand, the failure can support both a refund claim and a criminal theft referral.

Q: How long do I have to sue a contractor in Florida? A: For a written construction contract, Florida's statute of limitations is generally five years (§95.11(2)(b)). Claims founded on the construction of an improvement to real property generally carry a four-year limit (§95.11(3)), which can begin to run from the date the project was abandoned. Deadlines are fact-specific — confirm yours with an attorney rather than assuming.

Q: What is the Florida Homeowners' Construction Recovery Fund and do I qualify? A: It's a state fund that reimburses homeowners who win a judgment, arbitration award, or restitution order against a licensed contractor for abandonment or financial mismanagement but can't collect. For Division I contracts entered after January 1, 2025, the cap was raised to $100,000 per claim (Division II is $15,000). You generally must apply within one year of your award and pay a $100 processing fee. It does not cover unlicensed contractors.

Q: The contractor wasn't licensed. Does that hurt my case? A: Usually the opposite. Unlicensed contracting is unlawful under Chapter 489, and an unlicensed contractor generally cannot enforce the contract or sue you to collect. You can still sue for a refund, report them to the DBPR's Unlicensed Activity unit, and seek a criminal referral. The main limitation is that the Recovery Fund only covers losses from licensed contractors.

Q: Should I just hire another contractor and move on? A: Get written bids to finish the work — that "cost to complete" is central to your damages — but photograph and document the abandoned site thoroughly before anyone touches it, and ideally get legal advice first. You may also need to resolve the open permit with your building department before a new contractor can legally take over.