Every day, property owners in Florida find themselves in situations where they can sue a construction contractor for poor performance.

For Florida property owners who find themselves grappling with poor workmanship from a construction contractor, the road to seeking justice may seem complex. Lawsuits against contractors are typically filed in civil courts and can be based on various legal grounds, ranging from negligence and failure to meet obligations to construction defects and violations of building code requirements.

Legal Grounds for Lawsuits

Property owners in Florida can initiate lawsuits against construction contractors on various legal grounds, including:

1. Fraudulent Behavior or Deceit: If a contractor engages in deceptive practices or fraudulent behavior, property owners may have grounds for legal action.

2. Negligence: Cases can be built on the grounds of negligence if the contractor fails to exercise reasonable care, resulting in subpar workmanship.

3. Failure to Meet Obligations: Property owners can sue if the contractor breaches contractual obligations, such as failing to complete the project within the agreed-upon timeframe or budget.

4. Construction Defects: Lawsuits can be based on defects in the construction work that compromise the safety, integrity, or functionality of the property.

5. Failure to Meet Building Code Requirements: Contractors must adhere to building codes and regulations. Failure to do so may provide grounds for legal action.

Recovery of Losses

Property owners pursuing legal action against construction contractors in Florida can seek both financial and non-financial recoveries. Financial losses may include the costs of repairing defects or completing unfinished work, while non-financial losses could involve damages to the property owner’s reputation or emotional distress caused by the contractor’s actions. In more extreme cases, damages may result from personal injury claims related to contractor negligence or poor workmanship.

“Property owners pursuing legal action against construction contractors in Florida can seek both financial and non-financial recoveries.”

Steps to Suing a Construction Contractor

Step 1. Consult with an Experienced Florida Construction Attorney: Engaging an experienced Florida construction attorney is the essential first step. They can assess the strength of the case and help plan an appropriate legal strategy.

Step 2. Serve Written Notice to the Contractor: Property owners must serve written notice on the contractor at least 60 days before filing a lawsuit. This notice outlines the nature of the defects and describes the losses incurred due to the contractor’s negligence, fraud, or failures.

Step 3. Gather Extensive Evidence: Work closely with legal counsel to gather evidence supporting the property owner’s claims. This includes photos of the work, records of communications with the contractor, and any other relevant documentation.

Step 4. File Lawsuit Within Statutes of Limitations: Property owners must take legal action within Florida’s statutes of limitations for construction defects. These limitations can range from as many as 10 years for latent defects to as little as two years for wrongful death claims arising from construction site accidents due to negligence.

The Importance of the Right Attorney

Navigating a lawsuit against a construction contractor in Florida requires a strategic and well-informed approach. Property owners are advised not to attempt to “go it alone”, but instead to collaborate with a Florida construction attorney experienced in litigation. Working early on with a Florida attorney experienced in the construction practice area will give the property owner insight into the viability of their case and determine the most effective legal strategy based on the specific facts at hand. By following these steps and seeking professional guidance early, property owners can pursue justice and hold construction contractors accountable for poor workmanship, poor performance or fraud.

South Florida Law

Resolving a dispute in the construction industry can be a mammoth task fraught with liability and full of heavily regulated processes. Be sure not to go it alone. Construction professionals and contracting parties can rely on an experienced construction attorney from South Florida Law to draft and deliver notices, advise on processes, mediate and litigate. We are a law firm with the attention to detail of a boutique law firm but with big law firm resources. We are able to provide our clients with both attention to detail and the resources needed to overcome challenges. Are you a property owner considering legal action against a construction contractor? If so, reach out to us today at (954) 900-8885 or via our contact form.