Home>Levelset Community>Legal Help>How long do I have to sue a homeowner for not paying for repairs under an insurance claim, when I have an AOB in Florida

How long do I have to sue a homeowner for not paying for repairs under an insurance claim, when I have an AOB in Florida

FloridaConstruction Contract

Very complex,In Fl.as a contractor w/ a contract, I had an $80K storm damage claim w/ an AOB. Had completed 99% of work when cust. ordered me off his property under threat of arrest for trespassing. He filed formal complain against my Contractors license w/ the state. I responded thru an attorney, defending my actions. Its been 6 mos. the state has not ruled. Cust still owes me about $45K for which he received insurance proceeds. Can I sue for monies owed, and or damages.

1 reply

May 29, 2020

The issue you present is interesting. On the surface you have plenty of time to sue the homeowner. If you have a written contract then you have 5 years from the date of default (failure to make payment) to file suit. Your suit would likely include claims for breach of contract and unjust enrichment. The other issue is whether you have timely filed a lien. If you have not done all of things necessary to do so at this point you are too late to do so and therefore have no ability to bring a lien foreclosure claim.

I hope this helps.

0 people found this helpful

Helpful