Disputes between homeowners and contractors are all too common — unfinished work, unexpected costs, poor workmanship, or outright abandonment of the job. Many of these problems could be avoided or resolved more easily if the agreement had been properly put in writing.
In Florida, a clear, written contract isn’t just a good idea — it’s critical protection for both the homeowner and the contractor.
⚖️ Why a Written Contract Matters
Verbal promises or informal “handshake deals” can lead to serious misunderstandings. Without a written agreement, it’s your word against the contractor’s when something goes wrong.
A written construction agreement clearly sets out:
- What work will be performed
- When the work will be completed
- How much will be paid and when
- What materials will be used
- How changes, delays, or disputes will be handled
If the agreement isn’t in writing — or if essential terms are missing — enforcing it in court becomes difficult, expensive, and uncertain.
📜 Essential Terms Every Contractor Agreement Should Include
To help avoid disputes, every homeowner-contractor agreement should include these key provisions:
- Scope of Work – A detailed description of the work to be performed, including materials, specifications, and any exclusions.
- Payment Terms – Total price, payment schedule, and the conditions for final payment.
- Timeline – Start and completion dates, plus terms for delays or extensions.
- Change Orders – A written process for approving changes to the work or price.
- Permits and Licensing – Which party is responsible for obtaining necessary permits and ensuring the contractor is properly licensed.
- Insurance and Liability – Proof of insurance and clear language about who is responsible for damages or injuries.
- Dispute Resolution – How disagreements will be handled (e.g., mediation, arbitration, or court).
These details provide clarity and accountability — and they protect both sides if problems arise.
🚧 What Happens When There’s No Written Contract
When a construction agreement isn’t in writing, disputes are far more complicated.
Without clear terms, courts must rely on testimony, emails, and text messages to piece together the parties’ intentions — often with inconsistent or incomplete evidence.
This uncertainty can lead to:
- Extended litigation
- Increased legal costs
- Unenforceable claims
- Payment disputes and liens
In some cases, contractors who fail to provide a written contract can even violate Florida construction law requirements, especially for home improvement or repair work.
🏠 How to Protect Yourself Before Work Begins
If you’re hiring a contractor:
- Get it in writing. Never start work based on a quote or text message alone.
- Review the contract carefully. Make sure it contains the essential terms listed above.
- Confirm the contractor’s license and insurance. You can verify credentials through the Florida Department of Business and Professional Regulation (DBPR).
- Keep records. Save all communications, invoices, and receipts.
If you’re a contractor, a detailed written contract protects your right to payment and helps you avoid costly misunderstandings.
🧭 When to Seek Legal Help
If a construction project has gone wrong — or if your contractor refuses to finish the work — consult a real estate or construction attorney before taking further action. Florida law offers remedies such as breach of contract claims, construction liens, and damage recovery, but success depends heavily on having proper documentation.
At Vaughn Law PLLC, we help both homeowners and contractors:
- Draft and review construction contracts
- Resolve payment or performance disputes
- Navigate lien and licensing issues
- Pursue or defend construction-related claims
Whether you’re starting a project or trying to fix one that’s gone off track, we provide the clear, practical guidance you need.
📞 Contact Vaughn Law PLLC today for help protecting your rights before — and after — a contractor dispute arises.
By: Danielle L. Vaughn, Board Certified Real Estate Attorney