Brevard Humane Society accuses contractor of taking deposit, abandoning Project: What we know

BREVARD COUNTY, Fla. - The Brevard Humane Society is speaking out after a local contractor allegedly took a deposit for a high-priority project and disappeared for months. This left shelter dogs without the space they need.

What we know:

The organization’s executive director, Theresa Clifton, says the ordeal feels like more than just a bad business deal. 

The delay isn't just about a broken contract, she said, it's about the vulnerable animals caught in the middle.

"Business is business," Clifton said. "But when you steal from the animals—they’re helpless. We’re all they have."

A 'dire need' left unmet

What they're saying:

The dispute centers on a contract signed in June with Secure Fence and Rail LLC, based in Oak Hill, Florida. The Humane Society sought a new fence for their New Haven Avenue location in Melbourne, a project Clifton describes as "dire" for the welfare of the dogs in their care.

The new fencing was designed to create a safe environment for dogs to exercise and interact with potential adopters. However, eight months after signing the contract and paying a deposit, the project has yet to begin.

Clifton says repeated attempts to contact the company went unreturned for months. 

"We’ve waited six or eight months now, and it’s still not done," she said.

Civil vs. Criminal: The legal loophole

Frustrated by the silence, Clifton attempted to file a report with the Brevard County Sheriff’s Office, only to be told that law enforcement’s hands were tied.

"They told me it was a civil matter and I would have to file small claims," Clifton explained.

Real estate law expert Scott Widerman says this is a common hurdle for consumers. 

"Contract actions—'I paid for this service and didn't get it'—is not something that is a criminal behavior as a general rule," Widerman explained. "Your remedy is a civil remedy in either the circuit court, county court, or in this case, even small claims court."

Contractor cites ‘miscommunication’ and bankruptcy

The other side:

Following an inquiry by FOX 35, the owner of Secure Fence and Rail LLC, Kenneth Jacobs Jr., responded to the allegations.

Jacobs stated that the company is currently navigating bankruptcy and has lost its office staff, which he claims led to the lack of communication. He initially believed the matter had already been resolved.

In a statement, Jacobs said:

The company promised to have the issue handled within a week. 

How to protect yourself from contractor disputes

What you can do:

The situation at the Brevard Humane Society is a reminder of the risks consumers face when hiring contractors for home or business improvements. To protect your investment, consider these tips before signing a contract:

Verify the License: Always check a contractor's status through the Florida Department of Business and Professional Regulation (DBPR) at MyFloridaLicense.com. Ensure the license is "Active" and matches the name of the person or company you are hiring.

Check for Insurance: Always ask for proof of general liability and workers' compensation insurance. If a contractor is uninsured and gets hurt on your property, you could be held liable.

Get Multiple Estimates: Obtain at least three written, itemized bids to ensure the pricing and scope of work are fair.

Avoid Large Upfront Deposits: Be wary of demands for more than 10-20% of the total cost upfront. A standard payment schedule is usually split into thirds: at the start, at the midpoint, and upon completion.

Get Everything in Writing: Your contract should include a detailed description of materials, a firm timeline, and a clear payment schedule.

Research Reputation: Check the Better Business Bureau (BBB) and ask for references from recent clients before signing anything.

Know Your Rights: If a dispute arises, and it is deemed a civil matter, you may need to seek help through small claims court or consult with an attorney to pursue a civil remedy.