Florida is known for its sunny beaches, vibrant cities, and thriving construction industry. However, amidst the growing demand for contractors, a reality persists—whether intentional or not — contractor fraud. Our experienced criminal defense attorneys at Stechschulte Nell Law aim to shed light on this prevalent issue by outlining what you need to know about Florida law concerning contractor fraud.
Whether you’re a builder working on a project or a contractor facing allegations, we provide informative insights that can help protect your rights and navigate the complex legal landscape of the Sunshine State.
What is Considered Contractor Fraud?
Contractor fraud can range from simple breaches of contract to more serious criminal offenses.
In many cases, contractor fraud involves contractors taking money upfront for services they never intend to provide or using substandard materials and construction methods, resulting in shoddy workmanship.
Misrepresentation
One common form of contractor fraud is misrepresentation. This occurs when a contractor intentionally misleads the homeowner about their qualifications, experience, or licensure status.
For example, a contractor may falsely claim to be licensed and insured when they are not or may exaggerate their expertise in certain areas to secure a job.
Bait-and-Switch
Another type of contractor fraud is known as bait-and-switch. This occurs when a contractor offers an attractive initial quote but later inflates the price after starting the project. The homeowner is then left with limited options in either continuing with the overpriced work or finding another contractor halfway through the job.
If you find yourself accused of contractor fraud in Florida, seeking legal advice from an experienced criminal defense attorney specializing in these matters can be crucial.
Changes to Florida Law
Back in 2019, Florida implemented House Bill 7125, legislation aimed at tackling contractor fraud and providing better protection for homeowners. The significant amendment to the rules governing claims of contractor fraud, offers various provisions and guidelines for both contractors and homeowners alike.
One notable change that was introduced is the requirement for contractors to provide accurate estimates in writing before commencing any work. This ensures that homeowners have a clear understanding of the costs involved upfront, reducing the possibility of fraudulent practices or unexpected expenses later on. This also helps document prices and scope of work in case the contractor needs to use it as evidence in court.
Additionally, contractors are now required to disclose certain relevant information to homeowners, such as their license number and insurance coverage details.
Further, House Bill 7125 established harsher penalties for fraudulent activities committed by contractors. This includes increased fines and even imprisonment if found guilty of intentional misrepresentation or deception. Contractors who fail to obtain permits or start a project on time could also face felony charges.
Defense Strategies
When a contractor is accused of fraud in Florida, it is crucial to have criminal defense attorneys on their side who are experienced in handling such cases.
When defending these cases, our attorneys employ strategic defenses aimed at challenging the evidence presented by prosecutors and ensuring that our client’s rights are protected throughout the legal process.
We will thoroughly examine contracts, invoices, project records, and other relevant documents to identify any inconsistencies that could weaken the prosecution’s case.
A couple of possible defense strategies include:
Lack of Intent
One possible defense strategy for contractors accused of fraud is asserting a lack of intent. In cases where contractors have made mistakes or errors in judgment, they may argue that there was no intention to defraud their clients. This defense relies on proving that any discrepancies or issues arose due to misunderstandings, unforeseen circumstances, or honest mistakes rather than intentional wrongdoing.
Duress or Necessity
The legal defense of duress or necessity is a powerful tool that attorneys can employ when defending against criminal charges for unfinished tasks. Under this defense, it can be argued that external circumstances beyond the contractor’s control forced them to abandon the project or fail to complete it on time. While some may view this as an excuse for negligence or poor planning, there are instances where contractors genuinely find themselves in impossible situations.
Consider the unpredictability of the industry and unforeseen challenges that arise during construction projects. For instance, changes in regulations or unexpected weather conditions can disrupt work schedules and cause delays. Contractors may argue that these circumstances were beyond their control and made it impossible for them to fulfill their obligations within the given timeframe.
Another angle worth exploring is the impact of client interference on project completion. In some cases, clients may make excessive demands, change their requirements midway through, or withhold payments that hinder progress. By invoking the defense of duress or necessity, attorneys emphasize how such actions by clients can drastically impede their client’s ability to complete projects as agreed upon.
Disproving the Allegations
Another important defense strategy is to gather evidence that disproves the allegations made against the contractor. This can include documentation that illustrates compliance with project specifications and industry standards such as:
- Contracts
- Invoices
- Progress reports
Witness statements from employees or subcontractors who can testify to the contractor’s integrity may also bolster their case.
Read More > Defending Against Fraud Charges in Florida
Florida Contractor Fraud Defense
If you have been accused of contractor fraud in Florida, it is crucial to seek legal representation immediately. At Stechschulte Nell Law, our experienced attorneys are well-versed in the complexities of fraud cases and will work tirelessly to protect your rights and ensure a fair outcome.
We understand the potential consequences that come with such accusations, including criminal charges and severe penalties. With our extensive knowledge and expertise in this area of law, we will diligently investigate the allegations against you and develop a strong defense strategy tailored to your specific circumstances.
Contact our attorneys at Stechschulte Nell Law at 813-280-1244 today for a comprehensive case review.
