Homeowners who pay a contractor in full for work on their property are discovering that doing everything right still isn’t enough to protect them financially — a gap in Florida law that consumer attorneys say catches too many people off guard.

Under state law, if a contractor fails to pay the subcontractors or suppliers who did the actual work, those subcontractors can still file a lien against the homeowner’s property — even after the homeowner has already paid the contractor in full. In effect, a homeowner can end up paying twice for the same job through no fault of their own.

Consumer attorney Charles Gallagher, who has represented homeowners in contractor disputes, said the subcontractors left unpaid are often blameless too — they did the work and simply never got their cut from a contractor who pocketed the money or mismanaged the job.

Gallagher says the fix isn’t waiting on Tallahassee to rewrite the lien law — it’s homeowners doing their own due diligence before signing a contract. He recommends verifying a contractor’s license, confirming their insurance coverage, checking for prior lawsuits, and making sure proper permits are pulled before work begins.

He also pointed to payment structure as a practical safeguard. A tiered draw schedule, paying in installments tied to completed phases of work, gives homeowners leverage.

“A tier draw schedule is fair,” Gallagher said. “You don’t owe them for the next phase if they haven’t completed the prior one.”

Gallagher’s other advice: before cutting that final check, ask for a contractor’s affidavit confirming that every subcontractor and supplier on the job has been paid. That document offers homeowners a layer of protection the law itself doesn’t guarantee.

Until the legal loophole is addressed, the burden of avoiding a financial trap remains squarely on homeowners — one more reminder that in Florida, doing your own homework matters more than trusting the system to protect you after the fact.

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