Florida AC contracts: deposits, notices and the Recovery Fund
What Florida law says about down payments, the consumer notice every contract must carry, and where to turn if an air conditioning job goes wrong.
Most AC jobs finish without a problem. When one does not, the paperwork you signed decides what options you have. Florida's contractor law, Chapter 489 of the Florida Statutes, contains several rules written for homeowners. Here are the ones that matter most for a heating and cooling job.
Get a written contract
Put the scope, equipment model numbers, price, permit responsibility, start and finish expectations, and payment schedule on paper. Verbal promises are hard to prove. Keep the contract, the estimate, the permit paperwork and every invoice together; you will need them for the warranty as well.
The 10 percent down-payment rule
Section 489.126 applies when a contractor collects more than 10 percent of the contract price on a residential job. In that case the contractor must apply for the needed permits within 30 days of payment and start the work within 90 days after the permits are issued, unless there is just cause for not doing so. If the contractor fails to do this, you can send a written demand by certified mail; a contractor who does not respond within 30 days cannot claim just cause. The statute sets criminal penalties that scale with the amount taken, starting at a first-degree misdemeanor for amounts under $1,000. Keep proof of every payment.
The Recovery Fund notice
For contracts over $2,500 in labour and materials, section 489.1425 requires the contractor to include a written notice that payment, up to a limited amount, may be available from the Florida Homeowners' Construction Recovery Fund if you lose money on a project under contract, where the loss results from specified violations of Florida law by a licensed contractor. The notice must carry the Construction Industry Licensing Board's contact information. If your contract has none, ask why.
How the Recovery Fund works
The fund is a last resort, not a first call. Under section 489.141, a claimant generally needs a final judgment or arbitration award against the licensed contractor, must have used up other recovery sources such as bonds or insurance, and must file within one year after the end of the civil, criminal or administrative action or arbitration. The fund has dollar limits and the contractor must have been licensed when the contract was signed. DBPR's Recovery Fund page has the forms and the office phone number; read the current limits there.
Why the licence at signing matters
Two of the rules above depend on whether the contractor held a valid licence when the contract was made. Under section 489.128, a contract made by an unlicensed contractor cannot be enforced by that contractor, and the unlicensed contractor cannot claim a lien for the work. That does not mean you can ignore your side of the paper, but it is a reason to verify the licence before signing, not after a dispute.
If the job goes wrong
- Document the problem with dated photos, model and serial numbers, and written messages.
- Write to the contractor describing the problem and what you want, and keep a copy. If a deposit is at stake, use the certified-mail demand described above.
- Contact the manufacturer about equipment defects; installation defects are the contractor's responsibility.
- File a complaint with DBPR if you believe the contractor violated Chapter 489. The department can investigate licensed and unlicensed contractors.
- Consider a lawyer or small-claims court for money you are owed. This guide is general information, not legal advice.
Check before you sign
Look up the contractor's licence on this site or on DBPR, and read any discipline entry on their profile. The record is only a starting point, but it tells you which questions to ask.
General information only, current as of the date above. The information on Florida HVAC Contractor Check is not a recommendation or a guarantee of anyone's work. A license record shows registration status on the date shown, not workmanship, insurance coverage at the time of your job, or suitability for your project. Confirm license, insurance and permits directly before you hire. Rules and programs change; check the official sources linked in this guide.