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Never make a substantial up front deposit or pay in advance for work that has not been performed. |
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Legitimate contractors may ask for some money up front for permits and other
small start-up costs, but should never ask for payment in advance of services
being performed or materials being furnished. |
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Never hire an unlicensed contractor. |
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Unlicensed contractors do not carry the insurance required by Florida law and if
something happens on your job, you can be held liable. They also have not proven
they meet the minimum competency requirements to do the work, which should give
you some concern. In addition, you can be prosecuted under Florida law for
aiding and abetting unlicensed activity (s. 455.228, Florida Statutes). Find out if your contractor is properly licensed (www.myfloridalicense.com/dbpr/) |
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Never refuse or ignore your certified mail. |
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Florida law requires many documents to be served by certified mail. Under
Florida’s Construction Lien Law a notice sent to the correct address that is
undeliverable or refused is considered “served” so you are only hurting yourself
by failing to receive the mail. If you expect to be traveling while your
construction is ongoing, consider having someone you trust or hiring an attorney
to receive notices and documents and respond in a timely fashion. The Notice of
Commencement gives you the opportunity to name someone in addition to yourself
who must be served with notices and other documents. |
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Always have a written and signed estimate or contract. |
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This includes any changes or additions to the contract, which should also be in
writing. |
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Always make sure your contractor pulls any permits required for the work being
performed. |
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If you are unsure you can call your local building department to inquire whether
a permit is necessary. Additions to your home that are not properly permitted
can become a real problem if you ever decide to sell your home. |
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Always complete and record a Notice of Commencement for any project over $2,500 |
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($7,500 or more for heating and air conditioning projects). The notice of
commencement is your public notice that you are commencing improvements to your
property. It gives you the opportunity to accurately identify your project and
persons and addresses where notices and other important documents should be
served. This document is notarized and recorded in the Public Records of the
County where the property is located. The statutory form can be found under the
FORMS tab on this website. |
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Always get a Release and Waiver of Lien from your contractor each time you make
a payment |
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This is like a receipt that legally releases the contractor’s right to lien your
property for work performed. |
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Always ask your contractor for Release and Waivers of Lien from any
subcontractor or supplier who has served you with a Notice to Owner. |
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If you receive a Notice to Owner let your contractor know and tell him/her that
you will need releases from these subcontractors and suppliers each time you
make payment. Knowing in advance will give your contractor time to make sure he
has these documents. |
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Always get a Final Contractor’s Payment Affidavit from your contractor when you
make final payment. |
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This is a simple but important final step when closing out your construction
project. You can find out more about this affidavit. It is step 4 under the
“Lien Free Construction” tab and can also be found in the forms. |