If you are a contractor working in Florida, your contract does more than set a price. Florida law requires specific notices and provisions in construction agreements that many contractors overlook. Missing even one can make your contract harder to enforce, put your license at risk or leave you without legal recourse when a property owner refuses to pay.
A detailed scope of work prevents most disputes
Your contract should describe the work in enough detail that both you and the property owner know exactly what is included, what is not, and what happens when the owner requests something outside the original agreement. A clear change order process tied to the original scope can save you from absorbing the cost of work you never agreed to do for free.
Payment terms should leave no room for interpretation
A clear payment section protects your cash flow and gives you a paper trail if the owner falls behind. Your contract should spell out:
- The payment schedule
- Draw amounts tied to project milestones
- How long the owner has to pay each invoice
Under Florida’s prompt payment law, owners on private projects generally must pay within 14 days after receiving a proper invoice unless your contract specifies otherwise. If you are working on a residential project valued over $2,500, your contract must also include:
- A mandatory lien law notice printed in 12-point, capitalized, boldfaced type
- Required disclosures about the Florida Homeowners’ Construction Recovery Fund
Missing these requirements can expose you to licensing penalties and make your contract harder to enforce.
Address what happens when things go wrong
Even well-managed projects run into problems. Your contract should include a process for handling disputes, whether through mediation, arbitration or litigation, and specify which county’s law governs.
It should also include a notice that construction defect claims are subject to Florida’s pre-suit process, which gives both sides a chance to inspect and resolve defect issues before going to court.
Working with a construction law attorney can protect your business
A contract that looks complete can still leave you exposed if it is missing Florida-specific language or drafted in a way that is difficult to enforce. Having a lawyer review your standard contract before you use it on the next job can help you identify gaps, add required provisions, and make sure your agreement actually protects the business you have built.
