What notices are required in a Florida home improvement contract?

For residential contracts over $2,500, Florida requires the construction lien law notice (s. 713.015) and the Homeowners' Construction Recovery Fund notice (s. 489.1425). Florida Statute 558.005 also calls for the Chapter 558 construction defect notice in written contracts.

How much can a contractor ask for as a deposit in Florida?

Florida does not set a maximum, but a contractor who takes more than 10 percent of the contract price up front must apply for permits within 30 days and start work within 90 days after permits are issued, unless there is just cause or you agreed in writing to a longer period (s. 489.126).

Can a subcontractor put a lien on my house if I paid my contractor?

Yes, under Florida's construction lien law, an unpaid subcontractor or supplier who served a timely notice to owner can claim a lien. Collecting lien releases with each payment and the contractor's final payment affidavit before final payment helps protect you.

Do I have a right to cancel a contractor's contract in Florida?

Sometimes. If the contractor solicited the sale and you signed at a place other than their business, Florida's home solicitation sale law generally lets you cancel until midnight of the third business day after signing. It does not apply when you requested the specific work.

Who should pull the permit on a remodel?

The licensed contractor doing the work. Be cautious if a contractor asks you to pull the permit yourself as an owner-builder for work they are doing.

What a Florida Remodeling Contract Must Include (and What It Should)

The short answer

For a residential job over $2,500, a Florida contract must include the construction lien law notice and the Homeowners' Construction Recovery Fund notice, and it should include the Chapter 558 construction defect notice. If the contractor takes more than 10 percent up front, Florida law expects them to apply for permits within 30 days and start within 90 days of the permit, unless you agree otherwise in writing. Beyond the legal minimum, a good contract spells out scope, price, payment schedule, allowances, change orders, timeline and who pulls the permits.

Most remodeling disputes do not start with bad work. They start with a contract that never said what was included, when money was due, or what happens when something changes. In Florida, the law also requires a few specific notices that protect you, and their absence tells you something about the contractor.

This is a practical checklist, written by a licensed general contractor. It is not legal advice, and for a large project it is worth having a Florida construction attorney look at the contract before you sign.

The notices Florida law requires

1. The construction lien law notice

Under Florida Statute 713.015, a direct contract with an owner for more than $2,500 on a home of up to four units must include a notice explaining Florida's construction lien law. It goes on the first page or a separate page, in capitalized bold type of at least 12 points, and you sign and date it. It starts with the words "ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW."

Read it. It explains the single biggest financial risk in a remodel: if your contractor does not pay a subcontractor or supplier, that person can put a lien on your home, even though you paid the contractor in full.

2. The Recovery Fund notice

Florida Statute 489.1425 requires contracts for residential work over $2,500 to include a notice, in capital letters, that payment up to a limited amount may be available from the Florida Homeowners' Construction Recovery Fund if you lose money because a licensed contractor violated certain laws. It also lists the Construction Industry Licensing Board's contact information. This protection exists only when you hire a licensed contractor.

3. The Chapter 558 notice

Florida Statute 558.005 calls for written contracts to include this sentence: "ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES." It means that before suing over a defect, you send the contractor written notice and give them a chance to inspect and fix it.

Deposits: the 10 percent rule

Florida does not cap deposits, but Florida Statute 489.126 puts deadlines on contractors who take more than 10 percent of the contract price as an initial payment. Unless they have just cause or you agreed in writing to a longer period, they must:

Apply for the necessary permits within 30 days of receiving the payment.
Start the work within 90 days after all necessary permits are issued.

If those deadlines pass, the statute sets out a written demand by certified mail asking the contractor to apply for permits, start work, or refund the money. Keep that in mind when a contractor asks for half up front. Larger deposits are sometimes reasonable, for example when custom cabinets or impact windows have to be ordered, but the contract should say what the deposit pays for.

Protecting yourself from liens while you pay

Notice of commencement. For most jobs over $2,500, a notice of commencement is recorded with the county before work starts and posted at the site. It is signed by you as the owner. Your contractor usually prepares it.
Notices to owner. Subcontractors and suppliers who do not have a contract with you send a notice to owner, usually within 45 days of starting. Keep every one you receive. That is your list of who needs to be paid.
Releases of lien with each payment. Each time you pay, get written lien releases from the contractor and from anyone who sent you a notice to owner, covering the work paid for.
Final payment affidavit. Before final payment, Florida law requires the contractor to give you an affidavit stating whether every lienor who served a notice to owner has been paid. Do not release the final payment without it.

What every remodeling contract should spell out

Terms a South Florida remodeling contract should cover
Term	What to look for
Contractor details	Legal company name, Florida license number, address and proof of insurance (ask for a certificate of insurance).
Scope of work	Room by room. What is included, and just as important, what is not.
Plans and specs	Which drawings, product models and finish levels the price is based on.
Price	A fixed price or a clear cost-plus method, never just an estimate with no ceiling.
Allowances	Dollar amounts for items you have not picked yet, like tile or fixtures, and what happens if you go over.
Payment schedule	Tied to completed milestones like rough-in passed or cabinets installed, not dates on a calendar.
Change orders	Every change in writing, with price and schedule impact, signed before the work is done.
Permits and inspections	Who pulls them (it should be the licensed contractor) and who pays the fees.
Schedule	Start date, expected duration and what can delay it, like permit review or material lead times.
Unforeseen conditions	How surprises behind walls are handled, usually with allowances plus written change orders.
Cleanup and debris	Who hauls it away and how the site is left each day.
Warranty	What is covered, for how long, and how to request service.
Termination	How either side can end the contract and what is owed if they do.

Your three-day right to cancel, sometimes

If a contractor came to you, solicited the job, and you signed the contract at your home rather than at their business, Florida's home solicitation sale law generally gives you until midnight of the third business day after signing to cancel. It does not apply when you called the contractor and asked for the specific work. Do not count on it; read before you sign.

The bottom line

A clear contract protects both sides. The required notices tell you the contractor knows Florida law, and the rest of the checklist keeps money, scope and expectations out of the gray zone. Our contracts cover all of it, with written change orders and allowances for the unknowns. If you have a contract in front of you and something feels off, ask us. And if you are still deciding whether your project needs a permit at all, start with our permit guide.

Quick questions

What notices are required in a Florida home improvement contract?: For residential contracts over $2,500, Florida requires the construction lien law notice (s. 713.015) and the Homeowners' Construction Recovery Fund notice (s. 489.1425). Florida Statute 558.005 also calls for the Chapter 558 construction defect notice in written contracts.
How much can a contractor ask for as a deposit in Florida?: Florida does not set a maximum, but a contractor who takes more than 10 percent of the contract price up front must apply for permits within 30 days and start work within 90 days after permits are issued, unless there is just cause or you agreed in writing to a longer period (s. 489.126).
Can a subcontractor put a lien on my house if I paid my contractor?: Yes, under Florida's construction lien law, an unpaid subcontractor or supplier who served a timely notice to owner can claim a lien. Collecting lien releases with each payment and the contractor's final payment affidavit before final payment helps protect you.
Do I have a right to cancel a contractor's contract in Florida?: Sometimes. If the contractor solicited the sale and you signed at a place other than their business, Florida's home solicitation sale law generally lets you cancel until midnight of the third business day after signing. It does not apply when you requested the specific work.
Who should pull the permit on a remodel?: The licensed contractor doing the work. Be cautious if a contractor asks you to pull the permit yourself as an owner-builder for work they are doing.

Sources

This article is general information, not legal advice. Building departments in Miami-Dade, Broward and Palm Beach counties set their own procedures, so confirm the requirements for your property with your local building department.

Scott Rosenberg

Florida Certified General Contractor, CGC1541479

Scott qualifies Rosemont Ventures Group LLC and has worked in general contracting since 1998. He writes Building Blocks to answer the questions South Florida owners ask before they build. Verify the license.