After Isaias: Don't Pay Too Much, Too Soon for Enclosure Repairs
Part of our series on the 10 most common mistakes homeowners make after a hurricane damages their screen enclosure, pool cage, screen room, or patio cover.
After a storm, money moves fast. A contractor says they need a big payment today to order materials before prices go up, or to hold your spot on a crowded schedule. You want the work done, so you write the check.
Some upfront payment is normal. The mistake is paying too much before the work is done, or paying without the protections Florida law gives you.
How much upfront is reasonable?
It depends on the job. For a small job like a rescreen, a larger deposit can make sense, since materials are a big share of the cost and the work goes quickly. For a major repair or full rebuild that needs a permit, a large upfront payment is where homeowners most often get hurt.
Florida doesn't cap deposits, but it does draw a line at 10 percent. If a contractor takes more than 10 percent of the contract price as an initial payment on residential work, they have to apply for the necessary permits within 30 days and start the work within 90 days after the permits are issued. If they don't, you can send a written demand to apply for the permits, start the work, or refund your money. A contractor who doesn't respond within 30 days of that demand can face criminal charges.
One thing to watch for: those deadlines can be extended if you agree to it in writing. Read your contract for any language that gives the contractor more time.
Our practice
On jobs that need a permit, Aluminum Building Systems takes 10 percent or less upfront.
"On a permitted job, we take ten percent or less up front. That's where the state draws the line, and we think it's the right place for it." — Eric Vanheteren, Aluminum Building Systems
Money red flags
Paying in full before the work is finished. Once the money's gone, so is most of your leverage.
Cash only, no receipt, or payment made out to a person instead of the company named on the license
A deposit to anyone you haven't verified. Our post on checking a contractor's license shows how in five minutes.
Pressure to pay today to "lock in" a price or a spot on the schedule
No written payment schedule tied to the progress of the work
Don't pay twice for the same job
This is the money mistake most homeowners never see coming. Under Florida's Construction Lien Law, subcontractors and material suppliers who aren't paid can file a lien against your property, even if you paid your contractor in full. That can leave you paying twice for the same work.
You can protect yourself:
For improvements over $2,500, make sure a Notice of Commencement is recorded before work begins. Ask your contractor about it.
Ask for a partial release of lien when you make a payment during the job.
Before the final payment, ask for final lien releases and a final affidavit from your contractor confirming everyone has been paid.
A reputable contractor will provide these when you ask. We do, every time a customer requests them. Lien law is detailed, so if you have specific questions, your building department or an attorney can help.
One more reason to hire licensed
Florida's Homeowners' Construction Recovery Fund can repay homeowners, up to a limited amount, when they lose money because a licensed contractor violated certain Florida laws. The fund only covers work by licensed contractors. Hire someone unlicensed, and that safety net isn't there.
"You shouldn't be the one carrying all the risk. Pay as the work gets done, and ask for your lien releases. Any good contractor will hand them over." — Eric Vanheteren, Aluminum Building Systems
