Construction Delays in Florida: When to Act and What You Can Recover

Some delay is normal on any construction or renovation project. Permits take time, materials arrive late, and storms shut down job sites. But when a contractor stops showing up, misses deadline after deadline, or takes a large deposit and never starts, a delay can turn into a breach of contract. This guide explains how Florida property owners in Fort Lauderdale and Broward County can tell the difference, what Florida law says about contractor deposits and delays, and what steps to take before the situation gets worse.

Not Every Delay Is the Contractor’s Fault

Construction delays are usually sorted into a few categories, and the category determines who bears the cost:

• Excusable delays are caused by events outside the contractor’s control, such as hurricanes, severe weather, or other events covered by a force majeure clause. They usually extend the completion date but do not entitle the owner to damages.
• Inexcusable delays are within the contractor’s control, such as failing to staff the job, failing to order materials, or failing to apply for permits on time. These can support a claim for damages.
• Owner-caused delays come from the owner’s side, such as late payments, change orders, or slow decisions. They can entitle the contractor to more time or more money.
• Critical delays push back the final completion date. Non-critical delays affect one task but not the overall finish date, and usually cause less harm.

Start With Your Contract

The construction contract controls most delay disputes. Look for:

• The completion date or schedule, and whether the contract says time is of the essence.
• A liquidated damages clause setting a daily amount the contractor owes for each day of unexcused delay.
• Force majeure and weather provisions that define which events extend the schedule.
• Notice and cure requirements that require written notice and a chance to fix the problem before the contract can be terminated.
• Change order procedures, since changes the owner requests usually extend the schedule.
• An attorney’s fee provision. In Florida, attorney’s fees are generally recoverable only if the contract or a statute provides for them.

If you have not signed yet, have the contract reviewed before work begins. See real estate contract review in Fort Lauderdale.

Florida’s Rule on Contractor Deposits

Florida gives homeowners a specific protection when a contractor takes a large deposit and does not start. Under section 489.126, Florida Statutes, when a contractor receives an initial payment of more than 10 percent of the contract price for work on residential property, the contractor must:

• Apply for the necessary permits within 30 days after receiving the payment, unless no permit is required; and
• Start the work within 90 days after all necessary permits are issued.

These deadlines do not apply if the contractor has just cause for the delay or the owner agreed in writing to a longer period. If the contractor does not comply, the owner should send a written demand by certified mail. A contractor who knowingly violates this section can face criminal charges, ranging from a misdemeanor to a felony depending on the amount involved. You can check whether a permit was applied for through your city’s building department, such as the City of Fort Lauderdale’s LauderBuild portal.

When a Delay Becomes a Breach or Abandonment

A delay becomes a serious legal problem when it is unexcused and goes to the heart of the contract, for example when the contractor walks off the job for weeks without explanation or misses the completion date by months. Before you act, keep in mind:

• Follow the contract’s notice and cure process. Terminating without it can put you in breach instead of the contractor.
• Protect yourself from liens. Subcontractors and suppliers the contractor did not pay may have lien rights against your property. Get lien releases and the contractor’s final payment affidavit before paying any final amounts. Learn more about lien removal in Fort Lauderdale.
• Delay and defect claims are different. If the work that was done is also defective, Florida’s Chapter 558 pre-suit notice process may apply to the defect portion of the claim. See our construction defect attorney page.
• Check the license. If the contractor was not licensed, Florida law bars the contractor from enforcing the contract and allows the owner to seek additional remedies. See the penalties for hiring an unlicensed contractor in Florida.

For homeowners who suffered losses from a licensed contractor’s financial mismanagement, the state’s Florida Homeowners’ Construction Recovery Fund may be available as a last resort after civil remedies are exhausted.

What Damages Can You Recover for Construction Delays?

Depending on the contract and the facts, an owner may be able to recover:

• Liquidated damages, if the contract includes an enforceable clause;
• Extra housing or rent paid because the home was not finished;
• Additional loan interest, insurance, and other carrying costs;
• Lost rental income on an investment property;
• The added cost of hiring a new contractor to finish the work, beyond the original contract price.

Owners have a duty to take reasonable steps to limit their losses, so keep records of every cost and every effort to get the project back on track.

Steps to Take If Your Project Is Delayed

1. Pull out the contract and note the completion date, notice requirements, and any liquidated damages clause.
2. Document the delay with dated photos, texts, emails, and a timeline of missed dates.
3. Check the contractor’s license with the Florida DBPR and the permit status with your local building department.
4. Send written notice describing the delay and asking for a firm schedule, following any notice terms in the contract.
5. Do not make further payments or terminate the contract until you understand your rights.
6. Talk to a breach of contract attorney before the dispute escalates.

Frequently Asked Questions

Talk to a Fort Lauderdale Construction Dispute Attorney

If your project is stalled or your contractor has disappeared with your deposit, Hughes Real Estate Law can review your contract, explain your options, and help you move forward. Call (954) 256-5125 or visit our office at 1141 SE 2nd Ave, Fort Lauderdale, FL 33316.