A Contractor Caused a Fire — Who Is Responsible?

A Contractor Caused a Fire — Who Is Responsible?

If a contractor caused a fire on your property, the contractor (and usually their general liability insurer) is responsible for the damage they negligently caused — but your own property insurance should still pay your covered loss first, then pursue the contractor through subrogation. In Florida, liability can also extend to subcontractors, the general contractor who hired them, equipment manufacturers, or the property owner who hired an unlicensed contractor. Often more than one party is at fault, and you may have a claim against each.

Who Can Be Held Liable for a Contractor-Caused Fire

Fires that start during or after construction, roofing, electrical, plumbing, welding, or renovation work usually trace back to negligence — a torch left unattended, faulty wiring, hot work near combustibles, an improperly installed appliance, or debris that smoldered. Under Florida law, anyone whose carelessness was a substantial cause of the fire can be held financially responsible. Potentially liable parties include:

• The contractor or tradesperson who did the work. If their negligence (or that of their employee) started the fire, they are directly liable. Most reputable contractors carry commercial general liability (CGL) insurance that responds to property damage they cause.
• A subcontractor. Many fires originate with a sub — an electrician, welder, or roofer hired by the general contractor. The sub is liable for its own negligence, and its insurer is typically the first source of recovery.
• The general contractor. A GC can be liable for negligently hiring, supervising, or coordinating a dangerous sub, and is often contractually responsible for the whole job site.
• A product or equipment manufacturer. If a defective heater, generator, wiring component, or appliance the contractor installed malfunctioned, a product-liability claim may lie against the maker under Florida's strict-liability rules.
• The property owner. If you hired an unlicensed contractor or directed unsafe work, some responsibility can shift to you — one more reason licensure matters (see below).

Florida applies comparative negligence, so fault can be apportioned among several parties. Identifying every responsible party early is critical, because each may carry separate insurance.

How Your Property Insurance Fits In (and Subrogation)

Here is the part most homeowners miss: even when a contractor clearly caused the fire, your own homeowners or commercial property policy is usually your fastest path to being made whole. Fire is a covered peril on virtually every standard Florida property policy. You file a claim with your carrier, they pay for the covered damage, and then your insurer "steps into your shoes" and goes after the at-fault contractor to recover what it paid. That recovery process is called subrogation.

This matters for three reasons:

1. Speed and certainty. Your insurer must pay a covered loss regardless of the fight over who caused the fire. You don't have to win a liability battle against the contractor before you can repair your home.
2. Your deductible. When your carrier subrogates successfully, your deductible is often recovered and refunded to you as part of the settlement.
3. Coordination. Pursuing the contractor and the insurance claim at the same time, with one strategy, prevents the two sides from pointing fingers and stalling your repairs.

Watch for a waiver of subrogation clause. Many construction and renovation contracts — and standard AIA forms — contain a provision in which the owner waives their insurer's right to subrogate against the contractor for losses covered by property insurance. If your contract has one, it can bar your carrier (and you) from recovering from the contractor for a covered fire loss. Have any contract reviewed before you assume the contractor will pay.

If the loss exceeds your policy limits, or your carrier underpays or denies the claim, you can still pursue the contractor directly for the uncovered balance.

Florida Deadlines You Cannot Miss

Two separate clocks run after a contractor-caused fire — one on your insurance claim, one on your lawsuit against the at-fault party. Missing either can permanently bar recovery.

Insurance claim deadline. Under Fla. Stat. §627.70132, you must give your property insurer notice of the claim within one year of the date of loss (the date of the fire). A supplemental claim — for additional damage discovered later — must be filed within 18 months of the date of loss. These are shortened deadlines from prior law, so do not delay.

Lawsuit deadlines against the contractor. Florida law sets different statutes of limitations depending on the legal theory:

• Negligence: Following 2023 tort reform (SB 360), the statute of limitations for general negligence in Florida is two years from when the claim accrues. A fire claim against a careless contractor is typically a negligence claim, so treat two years as your hard outside limit and act well before then.
• Breach of a written contract: generally five years.
• Construction defect / improvement to real property: a four-year limitations period applies, generally running from when the defect is discovered or should have been discovered, subject to a seven-year statute of repose that bars claims after that period regardless of discovery.

Because the right deadline depends on how the claim is characterized — and a single fire can support negligence, contract, and product-liability theories at once — confirm the applicable period with an attorney early. The earliest-expiring deadline controls.

The Chapter 558 Pre-Suit Process and Contractor Licensing

If the fire stems from defective construction work (faulty wiring, improper installation, code violations), Florida's Chapter 558 "Notice and Opportunity to Repair" process usually applies before you can sue. You must serve the contractor a written notice describing the defect — generally at least 60 days before filing suit (longer for larger commercial projects) — and give them a chance to inspect and offer to repair, settle, or deny. The contractor has set windows to request an inspection and to respond. Skipping this step can get your lawsuit stayed or dismissed, so it must be handled correctly. (Note: a pure negligence-caused fire that isn't a "construction defect" may fall outside Chapter 558 — an attorney can tell you which track applies.)

Licensing matters, too. Most construction, electrical, roofing, and plumbing work in Florida must be performed by a contractor licensed under Chapter 489. If you hired an unlicensed contractor, that changes the picture: the contract may be unenforceable by the contractor, and Florida law (Fla. Stat. §768.0425) can expose an unlicensed contractor to enhanced damages in a consumer's negligence suit. Verify any contractor's license through the Florida Department of Business and Professional Regulation (DBPR) at myfloridalicense.com — both when you hire and when you investigate a fire.

What to Do Right Now After a Contractor-Caused Fire

Take these steps in order; the first hours and days shape your entire recovery:

1. Make sure everyone is safe and the fire department has cleared the scene. Health and safety first.
2. Do not let anyone "clean up" or discard evidence. The cause of the fire is in the debris — the appliance, wiring, torch, or equipment. Preserve the scene and all physical evidence; this is what proves the contractor's negligence.
3. Report the claim to your property insurer immediately (within the one-year deadline, but call now). Get a claim number.
4. Document everything. Photograph and video all damage before any cleanup. Save the construction contract, change orders, permits, texts, and emails with the contractor.
5. Get the fire department's incident report and any fire marshal cause-and-origin findings. These are powerful evidence of how the fire started.
6. Notify the contractor in writing of the loss — but do not sign any release, waiver, or "settlement" they offer, and do not give a recorded statement to their insurer without counsel.
7. Identify and preserve all insurance. Get certificates of insurance for the contractor and any subs; their CGL policies are key recovery sources.
8. Consider a private fire-origin expert. An independent cause-and-origin investigation can lock in liability before evidence degrades.
9. Talk to a Florida insurance and property-damage attorney early — before deadlines run, before you sign anything, and before evidence is lost.

Frequently Asked Questions

Q: Should I file with my own insurance or go straight after the contractor? A: In most cases, file with your own property insurer first. Fire is a covered peril, so your carrier should pay your covered loss quickly, then subrogate against the contractor to recover it — often refunding your deductible in the process. If your loss exceeds policy limits or the claim is underpaid or denied, you can pursue the contractor directly for the difference. Doing both in a coordinated strategy is usually best.

Q: What if the contractor has no insurance or is unlicensed? A: You can still sue the contractor personally and pursue their assets, and any subcontractor or product manufacturer who shares fault. Hiring an unlicensed contractor (in violation of Chapter 489) can also trigger enhanced-damages exposure for that contractor under Fla. Stat. §768.0425. Your own property policy remains your most reliable source of recovery, which is exactly why filing it matters.

Q: How long do I have to take action in Florida? A: Two clocks run. You generally must notify your property insurer within one year of the fire (§627.70132), with supplemental claims due within 18 months. Separately, a negligence lawsuit against the contractor generally must be filed within two years (post-2023 reform); written-contract claims run five years; and construction-defect claims have a four-year limit subject to a seven-year repose. The earliest deadline controls, so act fast.

Q: The contractor says it was an accident, not their fault. Does that matter? A: "Accident" is not a defense. Liability turns on negligence — whether the contractor failed to use reasonable care (e.g., left hot work unattended, used faulty wiring, ignored code). Most fires that start during professional work involve some breach of the safety standards the trade is required to follow. A fire cause-and-origin expert and the fire marshal's report typically establish this.

Q: My contract has a "waiver of subrogation." What does that mean for me? A: It may prevent your insurer (and you) from recovering from the contractor for losses your property insurance covers. These clauses are common in construction and AIA contracts. It does not necessarily eliminate every claim, and its enforceability depends on the wording and the facts — have an attorney review the contract before you assume the contractor is off the hook.

Q: Can I recover for more than property damage — like injuries or temporary housing? A: Yes. If anyone was injured, there may be a separate personal-injury claim against the at-fault party. Most property policies also pay additional living expenses (ALE) — hotel, meals, and storage — while your home is uninhabitable. Lost business income may be covered for commercial properties. These are often overlooked in the rush to repair.

Talk to a Florida Attorney

A contractor-caused fire usually involves overlapping insurance claims, multiple at-fault parties, and short, unforgiving deadlines — exactly the situation where early legal guidance pays off. Louis Law Group helps Florida property owners hold negligent contractors accountable and get full value from their insurance claims. See if you qualify or call (833) 657-4812 for a free, no-obligation case review.

This article is general information about Florida law and is not legal advice. Statutes and deadlines change and apply differently to each situation. Speak with a licensed Florida attorney about your specific case.