According to the Department of Business and Professional Regulation (DBPR), the state received 9,831 contractor-related complaints during the 2022–2023 fiscal year. Of those, 4,699 were found legally sufficient, 1,007 resulted in formal administrative complaints, and 773 led to final disciplinary orders. That’s a clear sign that contractor-related issues, including property damage, are more common than most homeowners realize. At RRBH Law, we’ve helped many Florida homeowners hold negligent contractors accountable. This blog will walk you through what to do if a contractor damages your property, based on real-world experience and Florida law. If you’ve been searching for a property damage lawyer or “property damage attorney near me,” this guide is your first step toward resolution.
What to Do if a Contractor Damages Your Property
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Document the Damage Immediately
Before you talk to anyone or touch anything—take photos.
Start by snapping pictures and videos of the damage from every angle. This helps show exactly what happened and when. Make sure to capture:
- Wide shots of the entire room or area
- Close-ups of any cracks, stains, broken items, or debris
- Video walkthroughs if helpful
- Any tools or materials left behind that may have caused the damage
Keep the original files and back them up. If you have security cameras or smart home devices, check if they captured anything relevant, like rough handling or negligence.
In legal claims, documentation is key. Photos taken before repairs can serve as strong evidence if you need to file a lawsuit or insurance claim.
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Notify the Contractor in Writing
After you document the damage, contact the contractor—in writing, not just by phone. Explain the issue clearly. Include:
- The date the damage was discovered
- A brief description of the problem
- Attached photos or videos if possible
- A request for them to address it
Keep a copy of everything you send. If they respond by phone, follow up with an email confirming what was said.
Florida law recognizes written notice as more formal and verifiable than a phone call. It helps if things escalate and you need to take legal action.
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Review Your Contract and Insurance Policies
Before you move forward, look at your contract and any warranties included.
Some contracts include clauses about damage responsibility or insurance requirements. Check if:
- The contractor agreed to carry liability insurance
- The contract limits or excludes certain claims
- There’s a warranty on labor or materials
Also review your homeowner’s insurance policy. Look for sections on accidental damage, water damage, or construction-related incidents. If you’re unsure how to read the policy, a property damage attorney can walk you through it. Your legal options depend heavily on what’s written in your contract—and your insurance coverage.
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Get an Independent Damage Assessment
Before fixing anything, bring in an expert—not connected to the contractor—to inspect the damage. This could be:
- A licensed home inspector
- A structural engineer
- A public adjuster (especially if water or storm-related damage is involved)
They can help determine how the damage happened, what repairs are needed, and how much they might cost.
If there’s a dispute about who’s responsible or how serious the damage is, an independent opinion can support your side. And it makes sure you’re not relying on the contractor’s word alone.
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Avoid Making Repairs Before Proper Documentation
We get it—you want the mess cleaned up. But try to hold off on repairs until everything is well-documented. If repairs are urgent (like a leak causing more damage), take emergency steps but save all receipts, invoices, and notes. Keep damaged parts or materials if you can.
If you fix everything too quickly, it might be harder to prove the full extent of the damage or that the contractor caused it. Let your documentation process lead the timeline—not your frustration.
What If Your Contractor Denies Responsibility?
Sometimes, a contractor won’t take responsibility—even when the damage is clear and well-documented. They may claim the issue was pre-existing, blame a subcontractor, or insist that it wasn’t their fault at all. In other cases, they might argue that the damage was caused by a separate event, such as weather, faulty materials, or even the homeowner’s own actions. Unfortunately, this type of response is more common than it should be, especially when significant repair costs are involved.
When this happens, it’s important not to panic—but also not to engage in a back-and-forth argument. The best move is to immediately stop communicating with the contractor directly. Continuing to discuss the issue informally—especially over the phone or in person—can lead to misunderstandings, or worse, give the contractor a chance to misrepresent what you said. Instead, shift all communication to writing. Use email whenever possible and keep your messages brief and factual.
At this stage, you should contact a qualified Florida property damage lawyer right away. An attorney experienced in contractor disputes can review the situation, assess whether the contractor violated any laws or breached your contract, and begin building a strong case.
Where Does My Homeowners’ Insurance Come In?
Your homeowners’ insurance may cover some or all of the damage—but only under certain conditions.
For example, if the contractor accidentally caused a fire, your policy may cover it. But if they broke your countertop while installing cabinets, that might not be covered.
It depends on:
- The cause of the damage
- The policy exclusions
- Who is considered negligent
If your insurer says it’s not covered, that’s not the end. A property damage lawyer can help challenge that denial, especially if the policy language is vague or inconsistent.
Always notify your insurer of potential damage right away—even if you’re not sure it’s covered. Some policies require prompt reporting, or they may deny your claim based on delay.
Looking for a Property Damage Attorney Near Me? Contact RRBH Law
When you’re dealing with damage, delays, and uncooperative contractors, it’s easy to feel overwhelmed. You don’t need to go through it alone.
At RRBH Law, we’ve helped thousands of Florida homeowners navigate property damage cases. We know how to handle contractors, insurance companies, and complex disputes—and we fight hard to get you what you’re owed.
Whether the damage is minor or major, we take your case seriously. We work with engineers, adjusters, and legal experts to build strong claims and get results.
Call us today at 305-800-4663 to schedule a free consultation.