[FL] What legal actions can I take against a contractor who refuses to pay for materials after being paid?

Lexi, Chatbot

I understand how frustrating it can be to deal with a contractor who isn't fulfilling their obligations. Have you already attempted to communicate with the contractor about this issue?

Lexi, Chatbot

Are there any written agreements or contracts that outline the terms of the material order and payment?

Clay G., Esq.

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How are you today? I understand you're having an issue with a contractor who is refusing to pay for materials you supplied. Is that correct?

Clay G., Esq.

OK, and you are in Florida?

Clay G., Esq.

Great. Thank you for that information.

Clay G., Esq.

In Florida, you have several levers to pull that do not involve stepping into a courtroom, though some have very strict expiration dates. Since the amount is $29,000 and the contractor has already been paid by the owner but hasn't paid you, this may be considered "misapplication of construction funds," which is a serious violation under Florida law.

File a Administrative Complaint
You can go after his professional standing by filing a formal complaint with the Florida Department of Business and Professional Regulation (DBPR). Under Florida Statute 489.129, the state can discipline a contractor for "financial mismanagement" if they receive funds from a customer but fail to pay their suppliers. If the DBPR finds that he mismanaged the funds, they have the power to put his license on probation, suspend it, or even revoke it entirely. This often motivates contractors to pay because their entire livelihood is at stake.

Record a Construction Lien
If you are within 90 days of the last time you delivered materials to the job site, you can record a Construction Lien (Mechanic's Lien) against the property where the materials were installed. While this technically targets the property owner, it is often the fastest way to get paid. Once a lien is filed, it "clouds the title," making it impossible for the owner to sell or refinance. Usually, the property owner will then pressure the contractor to pay you immediately to get the lien removed, or the owner may pay you directly and sue the contractor themselves.

Claim Against a Payment Bond
Check if the project was bonded. For many large or public projects (and some private ones), contractors are required to carry a Payment Bond. This is essentially an insurance policy specifically designed to ensure suppliers get paid. If a bond exists, you can file a claim directly against the surety company that issued the bond. This bypasses the contractor's bank account and goes straight to an insurance payout. You generally must serve a "Notice of Nonpayment" to the contractor and the surety within 90 days of your last delivery to use this option.

Local Licensing Board Pressure
If the contractor is locally licensed (rather than state-certified), you can file a complaint with the County Construction Industry Licensing Board. Local boards often move faster than the state and can pull local permits, effectively stopping the contractor from starting any new work in that county until your bill is settled.

Clay G., Esq.

You're welcome. Do you have any other questions about this for now?

Clay G., Esq.

You’re very welcome. Best of luck to you. It was my pleasure to assist you. Thank you for using our service! Have a great day!