When a storm hits Florida, be it a hurricane, tropical storm, or powerful thunderstorm, homeowners are often forced to act quickly to stabilize damage. Many scramble to hire contractors for roof tarp-ups, repairs, and restoration. Unfortunately, some contractors “cut corners” under pressure, leaving shoddy workmanship, latent defects, or incomplete repairs behind. If you’re a homeowner in Florida dealing with substandard storm repairs, here’s what you need to know and your legal options.
Why Contractors Might Cut Corners After Storms
- High volume, high demand: After a major storm, contractors are inundated with claims and often rush through projects to meet demand.
- Unqualified or unlicensed subcontractors: Some general contractors subcontract to inexperienced workers who lack licenses or proper credentials.
- Cost skimping on materials: To save costs, contractors may use cheaper materials or skip manufacturer-recommended underlayment, flashing, or proper fasteners.
- Deferred defects: Some issues, like leaks or structural weakness, don’t show until months later, and by then, the original contractor may be unreachable.
When you rely on a contractor for emergency repairs, you may not have time to vet them fully, which makes documentation, oversight, and legal recourse all the more critical.
Protecting Yourself: Key Steps After Storm Damage
- Document everything
Take detailed photos, videos, and notes immediately after the storm and before any work begins. Capture damage from multiple angles, label items with dates, and preserve defective materials if possible. - Obtain independent inspections
An unbiased, licensed contractor or engineer can identify workmanship issues and assess whether repairs were done properly. Their report becomes crucial evidence later. - Use a detailed written contract
Even for emergency repairs, insist on a contract that spells out scope, materials, timelines, warranties, payment terms, dispute resolution, and retention rights. - Avoid full upfront payments
Hold back a portion of the payment until work is verified, or tie the final payment to an inspection and certification of quality. - Notify your contractor of defects (Chapter 558)
In Florida, before you file a lawsuit for construction defects, the law (Chapter 558) requires you to formally notify the contractor of the problem, allow them to inspect, and attempt mediation. That notice must specify defects, location, and any inspections/estimates supporting your claim. - Mitigate further damage
You’re legally required to prevent worsening damage (for example, by covering holes or leaks). Failing to do so may reduce your recoverable damages.
Legal Avenues When Contractors Cut Corners
Breach of contract/negligence
If your contractor fails to deliver what was promised, e.g., specific materials, standards of care, or proper installation, you may sue for breach of contract or professional negligence. In those cases, you may recover repair costs and consequential damages (like mold cleanup, structural damage, or diminished property value).
Filing claims against the contractor’s insurance or bond
Licensed contractors in Florida often maintain liability insurance or bonding. If they abandon the work or refuse to remedy defects, you may be able to file a claim on their insurance or bond to cover damages.
Lien disputes
A contractor may improperly file a lien claiming payment for substandard or incomplete work. You can challenge or contest that lien in court, seeking removal and reimbursement for any associated harm.
Chapter 558 pre-suit process & mediation
Florida law requires you to give the contractor notice, allow them to inspect, and attempt mediation before suing for construction defects. If mediation fails or the response is inadequate, you may proceed with litigation in court.
Lawsuit or litigation
Litigation may proceed after the Chapter 558 process (or if exceptions apply). With your expert reports, documentation, and legal strategy, you can compel the contractor (and perhaps subcontractors) to fix defects, pay repair costs, and potentially award damages plus attorney’s fees.
Timing is Critical
Don’t wait. Florida imposes statutes of limitation for contract and negligence cases (typically 4 years for breach of written contract, shorter for negligence). Delays in documenting defects or filing notice can jeopardize your case.
The earlier you involve an experienced Florida construction or property damage attorney, the more likely you are to preserve evidence, correctly leverage the Chapter 558 process, and avoid mistakes that insurers or contractors might use to deny or reduce your recoveries.
Bottom Line
Storm damage recovery is stressful, and when contractors cut corners, homeowners can have costly, lingering problems. But you are not powerless. Florida law offers structured paths to hold contractors accountable, including Chapter 558 notice, contract claims, insurance or bond recovery, and full litigation.
If you suspect your contractor has performed substandard or incomplete work post-storm, contact a Florida construction defect or property damage law firm. Provide your documentation, expert reports, and contracts. Let an attorney evaluate your legal options, guide you through the pre-suit process, and fight for the compensation and repairs you deserve.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Chris received his Juris Doctorate from Florida State University College of Law in 2008, and he was admitted to the Florida Bar in December of 2008 followed by the State Bar of Texas in May of 2009. He has litigated, mediated, and resolved over five hundred first-party storm damage claims, and he has litigated, mediated, and successfully resolved multiple major construction defect claims with recoveries in excess of $1,800,000.00.
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