NOTICE OF CONSUMER RIGHTS UNDER THE CONSTRUCTION INDUSTRIES RECOVERY FUND
You have certain rights under Florida law if you have suffered damages
caused by a state-licensed contractor or a construction company with whom
you have signed a contract. State law requires that you be provided with
this notice of your rights regarding the Construction industries Recovery
Fund, including how and where you can file a claim against the Fund for
reimbursement of any damages you have suffered. You may be eligible for
reimbursement if you have suffered monetary loss due to certain acts (described
below) by the contractor, financially responsible officer or business
organization licensed under Chapter 489, Part I, Florida Statutes. The
fund is available only in cases where the contract was signed and the
violation occurred on or after July 1, 1993.
Who is Eligible?
In order to seek compensation from the Construction industries Recovery
Fund, you must have:
- Entered into a written contract with a licensed contractor for work on
residential real property;
- Commercial legal action against the contractor, financially responsible
officer or business organization; and
-
Suffered a financial loss due to the contractor:
- Knowingly violating applicable city, county or state building codes or laws.
- Committing mismanagement or misconduct in the practice of contracting that
causes financial harm to a customer:
- Abandoning a construction project for more than 90 days; or
- Signing a false statement claiming that the work is bonded, that all payments
to subcontractors have been made, or claiming to have provided certain
worker’s compensation and insurance protection.
Florida laws provide specific definitions for determining whether a contractor’s
actions may constitute one of these violations. See §489-129(1)(d),
(h), (k), (l), Fla. Stat. In addition, you must notify the Construction
Industry Licensing Board (CILB) of your claim by certified mail at the
time you commence legal action.
Filing a complaint against a contractor is not the same as filing a claim
against the Fund. Even if you file a complaint against a contractor with
the Department of Business and Professional Regulation (DBPR), you still
have to give the CILB notice of your claim and you will also be required
to file a Construction Industries Recovery Fund Claim Form with the CILB.
To request a Construction Industries Recovery Fund Claim Form or to receive
more information about the Fund, write to:
Construction Industry Licensing Board
7960 Arlington Expressway
Suite #300
Jacksonville, Florida 32211-7467
Phone: (904) 359-6310
If you have any questions and/or want to file a complaint with the DBPR
against the contractor, the financially responsible officer and/or the
business organization, please write to the Complaints Section, DBPR, 1940
North Monroe Street, Tallahassee, Florida 32399-0782.
Conditions For Recovery
In order to recover from the Fund, you must be an individual – not
a company. The Recovery Fund is a last resort. Before you can receive
any money from the Fund, you must have obtained a final judgement from
a Florida court or a restitution order from the CILB based on the types
of violations of law already mentioned. Both the violation of law and
the signing of the construction contract must have occurred on or after
July 1, 1993. Before the Fund will pay you any money, you must show that
you have made every effort to determine if there are any assets from which
you can recover all or part of the money you are owed. If so, you must
try to recover before you can collect from the Fund. You have to file
a claim for recovery with the Fund within 2 years of the time the violation
of law happens or within 2 years of the time you find out or should have
found out about the violation of law. No claim can be made more than 4
years after the time the violation of law happened.
Payments From the Fund
The Fund does not pay post-judgement interest, punitive damages, or attorney
fees. The Fund only pays what you have mot yet collected for actual or
compensatory damages. The Fund pays the lesser of up to $25,000 per claim,
$25,000 per transaction, or $50,000 per contractor.
FOR MORE INFORMATION ABOUT THE FUND, SEE §§ 489.140 TO 489.143, FLA
STAT. AND RULES 61G4-21.001 TO 61G4-21.005, FLA ADMIN. CODE
