The Florida Homeowners’ Construction Recovery Fund (“Recovery Fund”), established under ss. 489.140–489.144, F.S., provides financial recourse for homeowners who have suffered losses due to the misconduct of licensed contractors. The Recovery Fund is administered by the Florida Construction Industry Licensing Board (CILB) within the Department of Business and Professional Regulation (DBPR).
Successfully pursuing a claim requires thorough documentation and adherence to statutory requirements. Engaging an attorney—such as the specialists at Jimerson Birr—can help you navigate this complex process. To streamline your claim, we recommend using three essential tools: the Eligibility Checklist, Timeline Tracker, and Document Preparation Checklist. These resources are designed to guide you through each step and ensure your submission meets all necessary standards.
Step 1: Confirm Eligibility with the Construction Fund Eligibility Checklist
The Construction Fund Eligibility Checklist is a practical resource for homeowners seeking compensation through the Florida Homeowners’ Construction Recovery Fund. By systematically reviewing each item on the checklist, homeowners can ensure their claim meets all statutory requirements for eligibility. The checklist prompts the user to assess whether their situation stems from contractor abandonment, misconduct, or fraud, key criteria for filing a valid claim. It also guides homeowners to confirm the existence of a final judgment or arbitration award, and to verify that diligent efforts have been made to collect any awarded compensation. Finally, the checklist helps claimants confirm their case falls within the required time limits and does not exceed compensation caps, providing a clear roadmap for preparing and submitting a successful Recovery Fund claim.
The Eligibility Checklist helps homeowners determine whether their claim satisfies statutory requirements. Review each section carefully before proceeding:
- Contractor Status: Confirm that the contractor involved is licensed. Only claims against licensed contractors are eligible for Recovery Fund compensation.
- Property Requirement: Ensure the disputed work was performed at a residential property.
- Nature of Dispute: Claims must be based on abandonment, mismanagement, or fraud.
- Resolution of Dispute: Verify that the dispute was resolved through a final judgment, arbitration award, or an order of restitution from the CILB.
- Enforcement of Judgment: Confirm that all required steps to enforce the judgment have been taken.
- Timeliness: Claims must be filed within one year of the judgment or award. The contract date may affect the maximum compensation available.
- Documentation: Gather all necessary documents, including a written contract, proof of payment, project scope, and evidence of contractor failure.
Step 2: Organize Your Claim with the Timeline Tracker
A clear timeline helps clarify the sequence of events and supports your claim. The Timeline Tracker divides the process into distinct phases:
- Dispute initiation
- Legal action
- Claim preparation
- Submission
- Follow-up
Document key dates, milestones (e.g., contractor abandonment, legal filings, asset searches), and all relevant correspondence. Use the tracker to ensure deadlines are met and required forms are completed.
Step 3: Prepare Your Submission with the Document Preparation Checklist
Homeowners should use the checklist to assist in gathering the required documents for a claim. The claim-related data must be accompanied by a complete asset search documentation including affidavits and supporting records.
Proper documentation is essential for a successful claim. Use the checklist to collect and verify all required materials:
- Claim form
- Proof of loss affidavit
- Judgment or order
- Contract
- Payment records
- Photographs or reports
- Correspondence
- Asset search documentation (including affidavits and supporting records)
Assemble your submission packet with a cover letter, quality checklist, and attestation. Submit the completed packet by mail or hand-delivery to the Fund’s address. Track your submission and prepare for any required hearings.
Construction Industry Licensing Board
2601 Blair Stone Road Tallahassee, Florida 32399-1039
Conclusion
Submitting a claim to the Florida Homeowners’ Construction Recovery Fund is a detailed process that requires careful preparation and documentation. By following these steps and working with Jimerson Birr, you can simplify the process and improve your chances of a successful outcome. The Eligibility Checklist ensures your claim meets statutory requirements, the Timeline Tracker helps build a clear narrative, and the Document Preparation Checklist guarantees you have all necessary documentation.