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How to File a Complaint Against a Contractor in Florida

Claudia Diaz - Contractors - June 9, 2023

Start by sending a contractor a demand letter.

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Contents

    Did you hire a contractor to repair your home and have a bad experience with the contractor? Unfortunately, many people have disputes with contractors over home repairs and remodels. If you are currently dealing with a dispute against a contractor, consider filing a complaint against the contractor in Florida with the government and non-government entities listed below. This article also discusses how to report unlicensed contractors in Florida, and provides alternatives to filing a complaint. 

    Did you know we have a free tool powered by AI that helps you create a demand letter to a contractor? Check out our demand letter tool.

    Common Reasons to File a Complaint Against A Contractor 

    There are several reasons to file a complaint against a contractor. Some of the common reasons include: 

    • The contractor never finished the project they were hired to do.

    • The contractor overcharged for a service or replacement parts. 

    • The contractor improperly performed repairs.  

    • The contractor was paid but didn’t perform the job.

    • The contractor damaged your property while performing the job. 

    • The contractor breached a term of a contract or written agreement. 

    File a Complaint With the Florida Department of Business and Professional Regulation

    In Florida, the Department of Business and Professional Regulation (DBPR) is a state agency charged with licensing and regulating businesses and professionals in the State of Florida, such as contractors, veterinarians, real estate agents, etc. The DBPR also handles complaints against contractors and allows you to verify licenses here

    Note, the type of contractor you have a dispute against may not be regulated by the DBPR. Before you do anything else, determine if the DBPR can help you file a complaint against the type of contractor you had a dispute with:

    • Check the list of professions or businesses you can file a complaint against here

    • If the contractor type you are looking for does not appear on the list above, call DBPR Customer Contact Center at (850) 487-1395 or fill out their contact form for assistance. 

    What can and can’t the DBPR:

    • The DBPR can take disciplinary action against licensees or individuals performing unlicensed work, such as, impose fines and suspend licenses. 

    • The DBPR can’t represent you in civil matters to recover fees paid or seek remedies for injuries. 

    • The DBPR doesn’t handle all types of complaints against contractors. For example, the DBPR doesn’t handle disagreements over contract terms. 

    Ways to File a Complaint With the Florida Department of Business and Professional Regulations

     You can file a complaint with the DBPR two ways:

    • By mail. Fill out the form here and mail the form to the following address: 

    Department of Business and Professional Regulation

    Division of Regulation/Compliance - Consumer Services

    2601 Blair Stone Road

    Tallahassee, Florida, 32399-0782 

    • Online. Search for the type of contractor you want to file a complaint against on the list provided here. You should be redirected to this URL, where you can fill out a complaint online.  

    For both the online and mail options, you must sign the form to show that you are testifying truthfully. Include documents such as receipts, contracts, invoices, advertisements, and proof of payments to your complaint if you have any. Though they aren’t required, by including evidence, you may be able to speed up the complaint process.

    File a Complaint With the Florida Department of Agriculture and Consumer Services 

    The Florida Department of Agriculture and Consumer Services (FDACS) is a state agency that deals with everything from Florida agriculture to consumer protection through its various divisions and offices. The FDACS Division of Consumer Services specifically deals with consumer complaints, information, and protection. 

    File a complaint with the FDACS:

    • Fill out the complaint form and submit the form online. 

    • Be aware, the FDACS doesn’t offer legal advice or assist consumers with taking legal action against contractors. When you file a complaint with the FDACS, you are notifying them of the activities of the contractor. 

    You may also be able to look up a contractor’s license or complaint history using the FDACS link here

    File a Complaint With the Florida Attorney General 

    Also, consider filing a state of Florida contractor complaint with the Florida Attorney General. The Office of the Florida Attorney General is in charge of protecting consumers and handling consumer complaints against businesses operating in Florida. The Consumer Protection Division of the Office of the Florida Attorney General specifically protects consumers by pursuing individuals, like contractors, that engage in deceptive and unfair trade practices. 

    Learn how to file a complaint with the Florida Attorney General here.  

    File a Complaint With the Appropriate County Agency

    Some Florida counties may have a specialized agency that handles complaints against contractors. For example, in Miami-Dade county, there is the Contractor Licensing and Contractor Enforcement Sections under the Miami-Dade County Department of Regulatory and Economic Resources. The Department investigates complaints involving Miami-Dade County contractors. In addition, the Department investigates complaints concerning the work of unlicensed contractors in Miami-Dade.

    Make sure to check if your county has a regulatory agency where you can file a complaint against a contractor. 

    File a Complaint With the Better Business Bureau 

    The Better Business Bureau (also known as the BBB) serves as an intermediary between businesses and consumers. The BBB allows consumers to file complaints against contractors and other businesses. Keep in mind that the BBB is not a government agency and cannot force the contractor to come to an agreement with you. 

    How to submit your complaint against a contractor on the BBB website: 

    1. Click here to go to the Better Business Bureau website.

    2. Review the BBB criteria, then scroll down and click the button “File Your Complaint.”

    How the complaint process works: 

    • After you file a complaint against the contractor, the BBB will forward the complaint to the contractor within 2 business days.

    • The contractor will have 14 days to respond to your complaint.  

    • You will then be notified of the contractor’s response when the BBB receives it (or notified that they received no response). 

    The BBB also allows consumers to file reviews against businesses on their website here and click the bottom that says “Start Review Process.”

    Alternatives to Filing a Complaint Against a Contractor  

    Communicate Directly With the Contractor

    You may also want to consider trying to resolve any issues directly with the contractor. If the contractor is running a business, they probably don’t want any complaints filed against them that might ruin their business reputation. If you have a problem with a contractor that did work on your home, they may be amenable to resolving the issue to avoid having a complaint filed against them. 

    Send a Demand Letter 

    If you were unable to speak directly with the contractor because they didn’t respond to your messages or calls, consider sending a demand letter instead. A demand letter is a letter that outlines a set of requests you want the contractor to perform. For example, if the contractor overcharged for building supplies, you can request a refund in your demand letter. A demand letter also serves as notice to the contractor that if they don’t meet your demands, you intend to sue them in small claims court.

    Here are some other good reasons to send a demand letter to a contractor: 

    • Some small claims courts ask that prior to filing a small claims lawsuit, you demand payment from the party you intend to sue, in this case, the contractor. For example, in California, small claims courts demanding payment is a requirement. By sending a demand letter to the contractor, you are completing this requirement.

    • A demand letter signals to the contractor that you are serious about getting your money back and that you are willing to take action. 

    • The most important reason to send a demand letter is that you may be able to resolve your dispute without having to go to court. 

    Did you know we have a free tool powered by AI that helps you create a demand letter to a contractor? Check out our demand letter tool.

    Sue the Contractor in Small Claims Court 

    If you filed a complaint, sent a demand letter, or tried to speak directly with a contractor and have yet to resolve your dispute, it may be time to consider filing a small claims lawsuit against the contractor in small claims court

    Small claims courts handle a variety of different small claims cases, including cases against contractors for breach of contract, refunds, and more. Small claims courts were designed to help everyday people resolve their disputes in an affordable, efficient, and user-friendly manner. 

    Learn more about how to file a small claims lawsuit against a contractor. 

    Author

    Claudia Diaz

    Legal Educator @ People Clerk. Claudia holds a J.D. degree and is a certified mediator in New York and Florida. She has participated in dozens of small claims mediations in New York City courts.

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