What to Do When a Boca Raton Contractor Abandons Your Project Mid-Construction
One day, work crews may appear busy on a Boca Raton construction site, but the next they don’t show up. Tools are gone, calls go unanswered, and your half-finished project sits exposed to the elements.
Contractor abandonment is one of the most stressful situations South Florida property owners face. Our experienced Boca Raton construction litigation lawyer explains what to do and the options available under Florida law.
First Steps If a Contractor Abandons Your Boca Raton Construction Project
Florida Statute Section 489.126 requires contractors who receive advance payments to apply those funds to the project within 30 days of the payment becoming due. When a contractor takes your money and walks away, you can file a complaint with the Florida Department of Business and Professional Regulation (DBPR). You may also hold the contractor directly accountable in a civil claim.
If a contractor abandons your Boca Raton construction project, take these steps:
- Document the current condition of the project thoroughly with photographs and written notes.
- Secure the property to prevent weather damage, theft, or unauthorized access.
- Send a written notice to the contractor demanding they return to work within a specific timeframe.
- Gather all contracts, permits, invoices, receipts, and payment records related to the project.
- Consult an experienced South Florida construction litigation lawyer to discuss your legal options moving forward.
One thing you shouldn’t do is hire a replacement contractor before documenting the abandoned work. This can complicate your ability to prove the extent of the original contractor’s breach and the cost of completing the project.
Legal Remedies For Contractor Abandonment in Boca Raton
ConstructConnect, a leading news provider for the construction industry, reports that construction abandonment is a common problem that has increased by over 80 percent in recent years.
When a contractor abandons a project in Boca Raton, it can cost the property owner significant amounts of both time and money. Legal remedies that can help cover your losses include:
- A breach of contract claim for the cost of completing the project and any additional damages caused by the abandonment.
- A claim against the contractor’s surety bond, if one exists, which may cover losses caused by the contractor’s failure to perform.
- A theft or fraud claim if the contractor accepted advance payment with no intention of completing the work.
- Challenges to any liens filed against your property by subcontractors or suppliers the abandoned contractor failed to pay.
Under Florida Statute Section 489.129, the Construction Industry Licensing Board has authority to discipline contractors who abandon projects, and a disciplinary finding can significantly strengthen your civil case, as can filing a complaint with the DBPR.
Contact Our Experienced Boca Raton Construction Litigation Lawyer
Contractor abandonment leaves you in a difficult position, but Florida provides options. Neuman Law, PA helps property owners throughout South Florida hold contractors accountable, recoup losses, and move projects forward again.
Contact us today to discuss your situation. We serve clients in Boca Raton, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0489/Sections/0489.126.html
news.constructconnect.com/project-stress-index-declines-as-on-hold-projects-drop-abandonments-normalize
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0489/Sections/0489.129.html