Can You Sue a Contractor for Negligence in Florida?

Can You Sue a Contractor for Negligence in Florida? Understanding Statute 768.0425

Hiring a contractor in Florida can be risky, especially if the individual or company is not properly licensed. When a contractor performs construction or building services without the required certification, and their work causes injury or damage, Florida law allows consumers to sue for enhanced damages under Florida Statute 768.0425.

This powerful statute not only allows you to recover damages for the harm caused but also provides triple damages if the contractor is found to be unlicensed or uncertified. In this blog, we’ll explain what this law means, when it applies, and how to pursue a claim if you’ve been harmed by a negligent contractor in Florida.

What Is Florida Statute 768.0425?

Florida Statute 768.0425 is a consumer protection law that addresses damages in lawsuits brought against contractors for injuries caused by negligence, malfeasance, or misfeasance. It specifically applies when the contractor is not properly licensed or certified to do the work.

(2) In any action against a contractor for injuries sustained resulting from the contractor’s negligence, malfeasance, or misfeasance, the consumer shall be entitled to three times the actual compensatory damages sustained in addition to costs and attorney’s fees if the contractor is neither certified as a contractor by the state nor licensed as a contractor pursuant to the laws of the municipality or county within which she or he is conducting business.

Key Definitions in the Statute

What Is a Contractor?

Under this law, a “contractor” means any person who contracts to perform construction or building services regulated by state or local law, including services governed by:

• Chapter 489 (Construction Contracting)
• Chapter 633 (Fire Prevention and Safety regulations)

This includes general contractors, electricians, HVAC installers, plumbers, and others providing regulated services.

Who Is a Consumer?

A “consumer” is defined as any person who contracts with a contractor for construction or building services. This includes homeowners, commercial property owners, and tenants who directly hire a contractor to perform work.

When Can You Sue a Contractor for Triple Damages?

You can pursue triple damages under Florida Statute 768.0425 if all of the following are true:

• You hired a contractor to perform construction or building services.
• You suffered injury, property damage, or financial loss due to the contractor’s negligence, malfeasance, or misfeasance.
• The contractor was not licensed by the state or the county or municipality where the work was performed.

Examples of Negligent or Unlawful Contractor Behavior

• Performing electrical work without the proper license and causing a house fire.
• Installing a roof improperly, leading to structural collapse.
• Building a staircase without permits or safety compliance, resulting in a fall injury.
• Using unqualified subcontractors who cause damage or injury.

Real-World Example: Unlicensed Contractor Injury Claim

A homeowner in Broward County hires a contractor to install new plumbing in their home. The contractor fails to pull permits and is not licensed locally. Due to poor workmanship, a pipe bursts and causes extensive water damage and mold. The homeowner is forced to move out for remediation. Under Florida Statute 768.0425, the homeowner may be entitled to three times the cost of repairs and additional compensation for relocation and legal fees.

What Types of Compensation Are Available?

When suing under this statute, the following damages may be available:

• Cost of repairing or replacing defective work
• Medical expenses if the negligence caused an injury
• Compensation for loss of use of the property
• Pain and suffering, if applicable
• Attorney’s fees and court costs
• Three times the actual compensatory damages (treble damages)

What Are Treble Damages?

Treble damages are a form of punitive compensation meant to deter bad conduct. For example, if your damages were $20,000 and the contractor was unlicensed, the court could award you $60,000 in damages, plus attorney’s fees and costs.

How to Know If a Contractor Is Licensed in Florida

Before hiring a contractor, check their license status through the Florida Department of Business and Professional Regulation (DBPR) or your local county or city building department. Warning signs of unlicensed contractors include:

• Refusing to provide a license number
• Requesting large upfront cash payments
• Insisting on working without permits
• Offering pricing that seems too good to be true

How to File a Claim Under Florida Statute 768.0425

If you were injured or financially harmed due to an unlicensed or negligent contractor, here’s what to do:

• Document the work performed and the damage caused
• Take photos and keep receipts for repairs and expenses
• Obtain a copy of the contractor’s license (or proof they are not licensed)
• Consult a personal injury or construction liability attorney

Our legal team can help you gather evidence, calculate damages, and file a lawsuit if necessary.

Why Hire a Florida Negligence Attorney?

Contractor negligence cases are often complex. You may be dealing with insurance adjusters, legal technicalities, or construction codes. An experienced attorney can:

• Evaluate whether your case qualifies under Florida Statute 768.0425
• Investigate licensing status and contractor history
• Negotiate a settlement or file a lawsuit on your behalf
• Fight for triple damages and attorney’s fees

Contact a Florida Contractor Negligence Lawyer Today

If you hired a contractor who was unlicensed and caused harm through negligence or substandard work, you may have a right to triple damages under Florida law. The Law Offices of Jason Turchin can help you recover what you’re owed.

Call 800-337-7755 today or visit www.victimaid.com for a free consultation. You pay nothing unless we win or settle your case.