Florida Homeowner’s Construction Recovery Fund

Florida has one of the largest and robust construction industries in the entire nation. With such a large industry, there are thousands licensed contractors authorized to contract for and perform regulated construction work pursuant to Chapter 489, Florida Statutes. These contractors must pass extensive educational, training, and examination requirements in order to obtain licensure and legally conduct regulated construction work in the state. Even after receiving their licensure, these licensed contractors have extensive rules and regulations to abide by and educational requirements in order to keep their license. With such a rigorous process, many would imagine that these contractors will do everything in their power to maintain their licensure. However, more often than we would like, there are situations were consumers hire license contractors for regulated construction work and essentially get scammed out of thousands of dollars.

For situations like the above, the Florida legislature in 2004 created the Florida Homeowners’ Construction Recovery Fund (“the recovery fund”) to compensate aggrieved consumers who contracted for the construction or improvement of their residence located within this state. There are very specific requirements for entry into the recovery fund, but if these requirements are met, a homeowner can receive a pay out by the state of Florida of up to $50,000.00 for each Division I claim (claims related to work done by a Certified General Contract, Certified Residential Contractor, or Certified Building Contractor) or up to $15,000.00 for each Division II claims (all other contractors; plumbers, roofers, mechanical, pool, HVAC, etc.).

The main requirement for entry into the recovery fund is receiving a final judgment in a court of competent jurisdiction in the state of Florida, receiving an award in arbitration, or the Construction Industry Licensing Board has issued a final order directing the license holder to pay restitution to the homeowner.

Navigating entry into the recovery fund is a delicate process that can be onerous for homeowners who are unfamiliar with the process. The attorneys at Mackey Law Group not only can help you navigate this difficult process, but also have experience working for and litigating in front of the Construction Industry Licensing Board. Our attorneys can help you obtain the redress you deserve after being scammed by a licensed contractor.

Peter J. Mackey

Peter J. Mackey

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