On Behalf Of Wolfe Law Tampa
Jul 16, 2026
In disputes with contractors who stop calling back and showing up, three early steps matter: a written demand sent by certified mail, a dated record of the job site, and a check of county records for any lien against the home. A lien is a legal claim a contractor can record against a property to get paid.
Sending a Written Demand and Building a Record
On home projects, Section 489.126 of the Florida Statutes sets deadlines for a contractor paid more than 10% of the price up front. The contractor must apply for building permits within 30 days of that payment. Work must start within 90 days after the permits are issued. The only exceptions are a written agreement giving more time or a good reason for the delay, which the law calls “just cause.” A contractor who took a deposit and never applied for a permit may be past a deadline.
The same law describes the written demand: a certified letter with a return receipt, which proves delivery, asking the contractor to apply for permits, start or resume the work, or refund the payment. If the contractor does nothing within 30 days, the law assumes the contractor had no just cause. A paper trail backs the letter up:
- Dated photographs of the site before anything is torn out
- The contract, change orders, and payment records
- Texts, emails, and the permit history
When Does a Silent Contractor Count as Abandoning the Job?
Under Section 489.129(1)(j) of the Florida Statutes, the Construction Industry Licensing Board, which oversees contractor licenses in Florida, can discipline a contractor who abandons a project. A job can be treated as abandoned after 90 days if the contractor quits without just cause or without properly notifying the owner, or stops working without just cause for 90 days in a row.
A homeowner can file a complaint with that board. The state also runs the Homeowners’ Construction Recovery Fund, which can repay some homeowners as a last resort once they have exhausted other legal options, such as a lawsuit.
Can a Contractor Who Walked Off Still Put a Lien on Your Home?
Yes. A contractor who walked off can still record a construction lien within 90 days after last providing labor or materials. Section 713.22 of the Florida Statutes gives the lienor, meaning whoever recorded the lien, one year to sue to enforce it, or the lien expires. An owner can shorten that time by filing a form called a notice of contest of lien with the county clerk. Once the clerk formally delivers that notice to the lienor, the lienor has 60 days to sue, or the lien ends automatically. That notice is one way to challenge a construction lien without waiting out the full year.
How Long Do You Have to Sue a Contractor in Florida?
Under Section 95.11 of the Florida Statutes, a lawsuit over construction work on a home generally must be filed within four years. The clock starts on the earliest of three dates: when the building department issues a certificate of occupancy (approval to use the building), when it issues a certificate of completion, or when the work was abandoned. That last date is one more reason a dated record of when work stopped matters. For a hidden defect, such as a leak inside a wall, the clock starts when the problem was found or should have been found, but it never runs past seven years from that earliest date.
Next Steps in Disputes With Contractors
A silent contractor leaves a stalled project and money already paid, and these early steps in order protect both. At Wolfe Law Tampa PLLC, we handle construction contract disputes, and attorney Adam Wolfe has been Board Certified in Construction Law by The Florida Bar since 2010. Call 813-803-0022 or contact us today for help with disputes with contractors.
