Contractor Gone ยท Florida
Contractor gone in Florida: where the money can come from
Florida is where most of this year's pool-builder failures live, and it has both the best fund and the sharpest deposit statute. Send the 489.126 demand letter first: a contractor who took more than 10% down and did not permit and start on schedule owes the deposit back within 30 days, and that failure is a licensing violation the Board acts on. The DBPR complaint is what turns into the fund claim, capped at $30,000 for pool licenses and $100,000 for general and residential licenses. The lien risk is real in Florida, so answer every Notice to Owner in writing.
Run the free check for Florida
The four paths in Florida
| Card chargeback | Same in every state. Dispute for services not rendered within 120 days of the promised completion, no later than 540 days after the payment. Each payment has its own clock. |
| State fund | Homeowners' Construction Recovery Fund, Department of Business and Professional Regulation (DBPR), Construction Industry Licensing Board. Cap: $100,000 per claim for Division I licenses (general, building, residential); $30,000 for Division II (pool, roofing, and other specialty licenses), for contracts dated on or after July 1, 2024. Precondition: Licensed contractor; a final order from the Board or a civil judgment for a violation such as abandonment or misapplication of funds; the loss must be from a residential contract. Deadline: apply within one year after the judgment or Board order becomes final (confirm). verified Agency page |
| Bankruptcy claim | If the company filed, a proof of claim (Official Form 410) with the court by the bar date. A deposit for personal or household services is a priority claim up to $3,800 for cases filed on or after April 1, 2025 (11 U.S.C. 507(a)(7)); the rest is general unsecured. |
| Lien exposure: Real exposure | Florida's Notice to Owner system means a sub or supplier who served notice within 45 days of starting can lien your home even though you paid the contractor. The defense is 'proper payments': releases of lien for each payment. If you never received a Notice to Owner from that sub, its lien rights may be gone; demand a copy. |
Is the contractor licensed?
Licensed by the DBPR Construction Industry Licensing Board. Look up the license. Pool builders hold a Commercial or Residential Pool/Spa Contractor license (Division II). Look up the qualifier's name as well as the company.
Deposits and the contract
A contractor who takes more than 10% down must apply for permits within 30 days and start work within 90 days of permitting, and must refund a deposit within 30 days of a written demand if no work has begun (F.S. 489.126). Missing those is a licensing violation and, above $1,000, potentially a crime. confirm
Small claims
County Court, small claims, generally up to $8,000 as of 2025; confirm the current limit on the court's site before filing. Above the cap, the regular civil docket, where a lawyer is optional but usual. confirm
In order
- Pull the contract, every receipt, and your card or bank statements. The contract page shows where each number lives.
- Check the license at the link above. Licensed opens the fund; unlicensed means small claims and a report to the licensing body.
- If you paid by card, call the issuer today and open a dispute for services not rendered. The window closes; everything else waits.
- Send the demand letter by certified mail. It starts the clock the licensing body and the court will want to see.
- File the complaint with Department of Business and Professional Regulation (DBPR), Construction Industry Licensing Board. The fund claim hangs off it.
- Search PACER for the company. A bankruptcy filing stops the letters and the lawsuit and replaces them with a proof of claim.
- Answer any subcontractor notice in writing with proof of what you paid. Florida's Notice to Owner system means a sub or supplier who served notice within 45 days of starting can lien your home even though you paid the contractor. The defense is 'proper payments': releases of lien for each payment. If you never received a Notice to Owner from that sub, its lien rights may be gone; demand a copy.
Failed companies in Florida with a page
- Apex Pavers Inc., Stuart, Florida: Filed a voluntary Chapter 11 petition on March 19, 2026, in the U.
- Aquanautics, Tampa Bay area, Florida: WFLA's Better Call Behnken reported that the company told customers it planned to file for bankruptcy, leaving about sixty pools unfinished.
The paperwork, done
The Contractor Gone kit, $39, fills every letter and form above with your facts: the chargeback script, the demand letter with Florida's deposit rule cited, the licensing complaint, the fund application, the lien-defense letter, the proof of claim worksheet, and a checklist for hiring the contractor who finishes the job. What's in it, or run the check first; the answers carry into the kit.
Page written 2026-09-07. Rows marked verified were read on the agency page or statute on the date shown in the data; rows marked confirm are from general knowledge and should be checked with the agency. Spot an error? Email jon@homestillworks.com and it gets fixed the same day.