How can I handle non-payment for HVAC replacement by a solar company in Florida?

Question

I entered into a contract with a solar company that included replacing the HVAC system along with the roof and installing solar panels on my house. While the roof and solar panels have been completed, I am still waiting for the funds to replace the HVAC system through my preferred company, as they offered a better deal than originally planned. Since the beginning of April, the company has repeatedly promised payment on Fridays, but the payments have not materialized, and now the company is not responding to any calls or texts. The contract explicitly states the HVAC system should be replaced, and I've documented all attempts to resolve this issue. Given the stress this situation is causing as I am over 65 and my daughter has depression and anxiety, what legal steps can we take?

Erik A. Perez · Answer

As it relates to depression and anxiety and any non-economic damages, Florida generally does not allow recovery of those damages under these sort of circumstances in the way you have described them. Nevertheless, you may sue them for breach of contract and other causes of action to obtain the money that they owe you under the terms of the contract. The next step would likely be to send a demand letter in hopes of avoiding escalating to litigation. If that does not work, you will likely need to file a lawsuit or proceed with whatever the dispute resolution clause in the contract calls for.

James L. Arrasmith · Answer

What you're dealing with is incredibly frustrating and unfair, especially when you’ve held up your end of the contract and are being met with silence and broken promises. The fact that the HVAC replacement was clearly written into the agreement gives you a strong foundation, especially since the company has failed to meet that obligation. Given your age and your daughter’s health, the stress this situation is causing isn’t just inconvenient—it’s harmful. 
 
You’ve done the right thing by documenting everything, including the repeated delays and lack of communication. Your next step could be to send a formal demand letter to the company, stating that they are in breach of contract and requesting payment or fulfillment of the HVAC work within a specific number of days. If they continue to ignore you, you can explore filing a complaint with Florida's Attorney General, the Department of Business and Professional Regulation, or your local consumer protection office. Small claims court is also an option if the amount falls within the limit, and it could push them to act. 
 
You’ve been more than patient, and no one deserves to be ignored after trusting a company with such an important project. This isn’t just about home improvements—it’s about safety, comfort, and the respect you’re entitled to. Stand firm in your position, and know that your voice deserves to be heard. You're not being unreasonable—you're asking for what was promised.

Q: How can I handle non-payment for HVAC replacement by a solar company in Florida?