When a construction project goes awry in Florida, property owners may find themselves considering legal action against their contractors. Understanding the process necessary to sue contractors for breach of contract is crucial for protecting one’s rights and investments in the Sunshine State.

Understanding Breach of Contract in Construction

A breach of contract occurs when one party fails to fulfill their obligations as outlined in the agreement. In construction, this might involve:

1. Failure to complete work on time

2. Substandard workmanship

3. Use of improper materials

4. Abandonment of the project

5. Failure to obtain necessary permits

Before taking legal action, property owners should carefully review their contract to understand the specific terms and obligations of each party.

Florida’s Legal Framework for Construction Disputes

Florida’s construction industry is governed by several statutes, primarily found in Chapter 713 of the Florida Statutes, known as the Construction Lien Law. This law provides a framework for resolving disputes between property owners and contractors, including procedures for filing liens and initiating legal action.

Steps to Sue a Contractor in Florida

1. Document the Breach: Gather all relevant evidence, including the contract, communications, photos of defective work, and any expert opinions on the quality of work.

2. Provide Notice: In many cases, property owners must provide written notice to the contractor detailing the alleged breach and allowing an opportunity to cure the defect.

3. Consider Alternative Dispute Resolution: Some contracts may require mediation or arbitration before a lawsuit can be filed. Even if not required, these methods can be faster and less expensive than litigation.

4. File a Complaint: If alternative methods fail, the property owner can file a complaint in the appropriate Florida court. For claims under $8,000, small claims court may be an option.

5. Serve the Contractor: The contractor must be officially notified of the lawsuit through a process called “service of process.”

6. Proceed with Litigation: This involves discovery (gathering evidence), potential motions, and possibly a trial if the case isn’t settled.

“Some contracts may require mediation or arbitration before a lawsuit can be filed. Even if not required, these methods can be faster and less expensive than litigation.”

Potential Remedies

If successful, a property owner may be entitled to various remedies, including:

1. Compensatory damages to cover the cost of repairs or completion

2. Consequential damages for additional losses caused by the breach

3. Specific performance, requiring the contractor to complete the work as agreed

4. Rescission of the contract and refund of payments made

Statute of Limitations

In Florida, the statute of limitations for breach of contract cases is generally five years from the date of the breach. However, for cases involving latent defects (those not immediately apparent), the clock may start running from the date the defect was discovered or should have been discovered.

Construction Defect Laws

Florida’s construction defect laws, outlined in Chapter 558 of the Florida Statutes, provide a specific pre-suit process for resolving construction defect claims. This process aims to encourage settlement before litigation and includes:

1. Written notice of claim to the contractor

2. Contractor’s right to inspect the alleged defect

3. Opportunity for the contractor to make an offer to repair or settle

Navigating this process correctly is crucial, as failure to do so may affect the property owner’s right to pursue legal action.

Importance of an Attorney

While it’s possible for property owners to navigate this process on their own, the complexities of construction law and litigation make professional legal assistance invaluable. An experienced Florida construction law attorney can:

1. Evaluate the strength of the case

2. Ensure compliance with all legal procedures and deadlines

3. Negotiate with the contractor’s representatives

4. Represent the property owner’s interests in court if necessary

Property owners facing disputes with contractors should consider consulting with an experienced construction law attorney to understand their rights and options.

South Florida Law

If you are suing a contractor for breach of contract in Florida, understanding the process and the available remedies can help you to protect your investments.

However, litigation should often be considered a last resort. Many construction disputes can be resolved through negotiation or alternative dispute resolution methods, saving time and money for all parties involved.

At South Florida law, we excel at representing property owners who are considering legal action or exploring other resolution options. Through prioritizing thorough documentation and timely action we can help you manage the complexities of construction law with a view to arriving at a result in which your best interests are protected.

Our construction law team consists of experienced attorneys that give you the best of both worlds: the partner-level attention to detail afforded by a boutique law firm and large law firm resources.

Are you a property owner or developer looking for competent legal representation in a construction-related dispute? If so, reach out to us today at (954) 900-8885 or via our contact form.