The Complete Guide to Roofing Contracts in Florida

Florida is one of the most active roofing markets in the country, and it is also one of the most regulated. Between hurricane building codes, strict licensing requirements, and the state Notice of Commencement system, roofing contractors in Florida face more compliance requirements than in most other states. A written agreement is not just a formality, it is a legal necessity.

A proper roofing contract protects you by documenting the scope of work, the materials you will use, the payment schedule, and the warranty terms. It also satisfies Florida legal requirements, such as including your license number and disclosing the client right to cancel. Without a written contract, you risk losing your lien rights, facing DBPR discipline, and having no way to enforce payment.

Florida roofing work is also unique because of the hurricane and wind mitigation requirements in the Florida Building Code. Your contract should reference these requirements and state that all work will comply with the applicable wind zone standards. This protects you if a client later claims the roof does not meet code.

In Florida, roofing contractors must be licensed by the Florida Department of Business and Professional Regulation (DBPR) under Florida Statutes Chapter 489. There are two types of roofing licenses: the roofing contractor license and the residential contractor license. A roofing contractor license allows you to perform roofing work on any structure, while a residential contractor license is limited to residential properties.

To obtain a Florida roofing contractor license, you must have at least four years of experience, pass a trade exam and a business and finance exam, and carry general liability insurance and workers compensation coverage. You must also pass a background check and post a financial responsibility form.

Your DBPR license number must appear on all contracts, bids, solicitations, and advertisements. This is required under Florida Statutes Section 489.143. If your license number is missing from the contract, the contract may be unenforceable, and you could face DBPR discipline.

It is important to note that roofing work in Florida requires a licensed roofing contractor. A general contractor cannot perform roofing work unless they also hold a roofing contractor license. If you are a general contractor hiring a roofing subcontractor, verify that the subcontractor holds a valid Florida roofing license.

The Florida Building Code includes some of the strictest wind mitigation requirements in the country. These requirements vary by wind zone, which is determined by the geographic location of the property. In high-velocity hurricane zones like Miami-Dade and Broward Counties, the requirements are particularly stringent.

Your roofing contract should state that all work will comply with the Florida Building Code wind mitigation requirements for the applicable wind zone. This includes using approved roofing materials, proper underlayment installation, correct fastening patterns, and wind-resistant flashing details. The contract should also state that you will obtain all required permits and that the work will be inspected by the local building department.

In Miami-Dade and Broward Counties, roofing materials must be approved by the Miami-Dade County Product Control Division or the Florida Building Commission. This is known as Notice of Acceptance (NOA) approval. If you use materials that are not approved, the work will not pass inspection, and you may have to redo the installation at your own expense.

Your contract should also address what happens if severe weather occurs during the project. Roofing work in Florida is often delayed by hurricanes and tropical storms, so include a force majeure clause that grants time extensions for weather-related delays. This protects you from being held responsible for delays that are beyond your control.

Under Florida Statutes Section 713.13, any construction project exceeding $2,500 requires a Notice of Commencement to be recorded in the county where the property is located before work begins. The Notice of Commencement is filed by the property owner, not the contractor, but you should verify that it has been recorded before you start work.

The Notice of Commencement protects your lien rights by establishing the start of the project and providing information about the property owner, the contractor, and the lender. If the owner fails to record a Notice of Commencement, your lien rights are still valid, but the filing deadlines may be different.

As a roofing contractor, you should ask the property owner for a copy of the recorded Notice of Commencement before beginning work. If they have not recorded one, you should recommend that they do so, and you should also serve a Notice to Owner to preserve your lien rights.

A Notice to Owner is a document that informs the property owner that you are performing work on the property and may file a lien if you are not paid. Under Florida Statutes Section 713.06, a subcontractor or material supplier must serve a Notice to Owner before recording a claim of lien. While original contractors are not required to serve a Notice to Owner, doing so is a good practice because it documents your involvement in the project.

Florida mechanics lien law, found in Florida Statutes Chapter 713, gives contractors who improve real property the right to file a lien against the property if they are not paid. For roofing contractors, this is one of the most important tools for protecting your right to payment.

The deadline to record a claim of lien is 90 days after you last furnish labor or materials to the project. The claim must be recorded with the clerk of the circuit court in the county where the property is located. After recording, you must serve a copy of the lien on the property owner within 15 days.

If the owner disputes the lien, they may record a Notice of Contest of Lien, which requires you to file a lawsuit to enforce the lien within 60 days. If you do not file suit within 60 days, the lien is extinguished. This is a short deadline, so be prepared to act quickly if the owner contests your lien.

A practical example: you finish a roof replacement on August 10. You have 90 days, until approximately November 8, to record your claim of lien. If the owner contests the lien on November 15, you have 60 days, until approximately January 14, to file a lawsuit to enforce it. Missing either deadline means you lose your lien rights.

A roofing warranty in Florida should cover both materials and workmanship. Material warranties are typically provided by the manufacturer and range from 20 years to lifetime, depending on the product. Workmanship warranties are provided by you, the contractor, and typically range from 2 to 10 years.

Your contract should clearly state what the workmanship warranty covers and what it excludes. Common exclusions include damage from severe weather events beyond normal design parameters, damage from improper maintenance by the owner, and damage from modifications made by someone other than you. Being specific about exclusions prevents disputes later.

In Florida, it is particularly important to exclude damage from hurricanes and named tropical storms, since these events can cause damage that exceeds even the best roofing installation. However, you should state that the roof will be installed to meet the wind resistance requirements of the Florida Building Code for the applicable wind zone. This way, if the roof fails in a storm that exceeds code requirements, you are protected.

Your contract should also state that the material warranty is provided by the manufacturer and that you will assist the owner with filing a warranty claim if needed, but that you are not responsible for the manufacturer warranty terms or coverage decisions.

Florida roofing contractors must carry general liability insurance and workers compensation insurance. The minimum coverage amounts are set by the DBPR and vary by license type. As of 2024, roofing contractors must carry at least $300,000 in general liability coverage for bodily injury and property damage.

If you have employees, Florida law requires you to carry workers compensation insurance. Failure to carry workers compensation coverage is a criminal offense and can result in fines, license suspension, and personal liability for workplace injuries.

Your contract should state that you carry general liability insurance and workers compensation coverage, and that you will provide certificates of insurance upon request. This reassures the client and documents your coverage in writing. You should also list the property owner as an additional insured on your general liability policy for the duration of the project.

Roofing is one of the most dangerous construction trades, so your insurance coverage is particularly important. Make sure your policy specifically covers roofing work, as some general liability policies exclude roofing or place strict limits on roof height and slope.

One of the most common mistakes is not verifying that a Notice of Commencement has been recorded before starting work. Without it, your lien rights may be affected, and you may have a harder time filing a valid lien if the owner does not pay.

Another frequent error is using roofing materials that are not approved for the applicable wind zone. In Miami-Dade and Broward Counties, materials must have a Notice of Acceptance (NOA) from the county. Using unapproved materials will cause the work to fail inspection, and you will have to redo the installation at your own expense.

Not including the DBPR license number on the contract is a serious oversight. Under Florida Statutes Section 489.143, your license number must appear on all contracts and solicitations. Without it, the contract may be unenforceable, and you could face DBPR discipline.

Failing to serve a Notice to Owner is also common among subcontractors and material suppliers. Without this notice, you cannot file a valid lien. Even if you are an original contractor, serving a Notice to Owner is a good practice because it documents your involvement and puts the owner on notice.

Finally, many roofing contractors do not properly address weather delays in their contracts. Florida hurricane season can cause significant delays, and without a force majeure clause, you could be held responsible for delays that are beyond your control.

Before signing a roofing contract in Florida, verify the following: Your DBPR roofing license is active and current, and the license number is printed on the contract. The contract states that all work will comply with the Florida Building Code wind mitigation requirements for the applicable wind zone.

The property owner has recorded a Notice of Commencement for projects exceeding $2,500, or you have served a Notice to Owner to preserve your lien rights. The contract includes a workmanship warranty with clear terms and exclusions, including exclusion of damage from hurricanes and named tropical storms.

Your general liability insurance covers roofing work and meets the DBPR minimum requirements. You have workers compensation coverage if you have employees. The contract states that you will provide certificates of insurance upon request.

The contract includes a force majeure clause that grants time extensions for weather-related delays. The scope of work specifies the roofing materials to be used, the manufacturer, and the wind resistance rating. The contract states who is responsible for obtaining permits and scheduling inspections.

If you have checked all of these items, you are ready to sign with confidence. The Florida roofing service agreement template on this site already includes all of these clauses, so you can generate a compliant document in minutes.