A residential construction dispute can leave a homeowner with defective work, an unfinished project, and substantial additional expense. Even where contractor misconduct is clear, recovery is not always immediate.
Thanks to Florida’s Homeowner Construction Recovery Fund, the question is not whether recovery is available, but how homeowners can position themselves to recover.
That question carries particular weight in Florida’s current residential market. The U.S. Census Bureau reported 173,326 building permits statewide in 2024, and Florida’s population is only ticking upward.
The natural outcome of more residential construction? More residential construction disputes. Fortunately for homeowners, Florida’s Construction Recovery Fund offers a meaningful remedy, with the DBPR reporting 168 claims totaling $3,219,606.86 in fiscal year 2023 to 2024 and $4,352,242 paid through the Fund in its 2025 accomplishments.
Eligibility is Key
For most homeowners, the issue is not whether a construction loss occurred. The loss is usually obvious, both physically and financially. The question is whether the homeowner has obtained, or can still obtain, the result required to pursue recovery through the Fund.
In practice, most matters fall into one of two categories. In the first, the homeowner already has a qualifying result. In the second, additional legal or regulatory action is required before a claim can be pursued.
Path 1: You Already Have a Qualifying Result
Some homeowners already have the type of result required to pursue a Recovery Fund claim. In general, this means a final court judgment, an arbitration award, or a CILB restitution order entered against the contractor for compensable damages. When one of those results already exists, the focus shifts to whether the homeowner is prepared to pursue the claim itself.
For homeowners in this category, the issue is usually not whether the contractor caused a loss. The issue is whether the homeowner has the documentation and record needed to move forward effectively. Payment records, project documents, proof of damages, license related information, and the language of the judgment, award, or restitution order can all affect the claim.
Jimerson Birr assists homeowners with evaluating eligibility, identifying gaps in the record, and pursuing Recovery Fund claims.
Path 2: You Do Not Yet Have a Qualifying Result
Other homeowners know they suffered a loss, but they do not yet have the judgment, arbitration award, or restitution order needed to move into the Recovery Fund process. For these homeowners, the immediate issue is not claim submission. The immediate issue is how to obtain the qualifying result first.
Depending on the facts, this may require construction litigation or a DBPR proceeding that can lead to a qualifying restitution order. In other words, some homeowners are ready to pursue the Fund now, while others must first take the legal or regulatory steps needed to become eligible.
Jimerson Birr assists homeowners in both situations. For clients already holding a qualifying outcome, the firm can evaluate and pursue the Recovery Fund claim itself. For those without a qualifying outcome, our seasoned litigation and regulatory teams are equipped to pursue the remedies needed to place homeowners in a position to recover.
How Jimerson Birr Helps Homeowners Pursue Recovery
Construction Recovery Fund matters rarely involve form submission alone. Many require close analysis of the contractor’s license status, the project documents, the homeowner’s losses, the procedural posture of the dispute, and whether the homeowner already has, or still must obtain, the result needed to support recovery.
Jimerson Birr assists homeowners throughout Florida with evaluating Construction Recovery Fund eligibility, pursuing Construction Recovery Fund claims, and, where necessary, pursuing construction litigation and DBPR related proceedings needed to place a homeowner in a position to recover.If you are dealing with contractor misconduct or an incomplete project, or if you are uncertain as to your eligibility and what your next steps may look like contact Jimerson Birr to discuss your options.