Construction litigation is a common legal issue in Florida, given the state’s robust construction industry and the potential for disputes to arise during construction projects. As a property owner or contractor, it’s important to understand the basics of construction litigation in Florida and how to protect your legal rights in the event of a dispute.
Common Types of Construction Litigation in Florida
Construction litigation can encompass a wide range of legal disputes related to construction projects. Some of the most common types of construction litigation in Florida include:
- Breach of contract: A breach of contract occurs when one party fails to fulfill the terms of a construction contract. This can include failing to complete the project on time or failing to meet quality standards.
- Defective construction: Defective construction can result in a wide range of issues, from minor defects to serious structural issues that can compromise the safety of a building.
- Mechanics liens: Mechanics liens are legal claims against a property to secure payment for work done on the property. These claims can be filed by contractors, subcontractors, or other parties involved in a construction project.
- Delay claims: Delay claims can arise when a construction project is delayed due to factors outside of the contractor’s control, such as weather, labor shortages, or material shortages.
- Payment disputes: Payment disputes can arise when a property owner fails to pay a contractor or subcontractor for work performed on a construction project.
“When hiring an attorney, it’s important to ensure that they have the necessary experience and expertise to handle your legal matter”
Steps to Take if You’re Involved in Construction Litigation
If you’re involved in construction litigation in Florida, it’s important to take steps to protect your legal rights. First and foremost, be sure to consult with an attorney. Construction litigation can be complex, and it’s important to have an experienced attorney on your side who can navigate the legal process and advocate for your interests.
Secondly, review your contract. Your construction contract will outline the terms of the project, including timelines, payment terms, and quality standards. Review your contract carefully to ensure that you’re in compliance with its terms.
Then, document everything. Keep detailed records of all communications, payments, and other relevant information related to the construction project. This documentation can be valuable evidence in the event of a dispute.
Finally, consider alternative dispute resolution methods. In some cases, alternative dispute resolution methods such as mediation or arbitration may be a more cost-effective and efficient way to resolve construction disputes.
The Importance of an Attorney
Construction litigation is a complex area of law that can be challenging to navigate without the assistance of an experienced attorney. If you’re involved in construction litigation in Florida, it’s important to take the necessary steps to protect your legal rights and advocate for your interests.
When hiring an attorney, it’s important to ensure that they have the necessary experience and expertise to handle your legal matter. Here are a few ways to vet an experienced construction attorney:
- Check their credentials: Look for an attorney who has experience handling construction-related legal matters. Check their credentials, including their education, professional affiliations, and any awards or recognition they’ve received.
- Look for reviews and referrals: Look for reviews and referrals from other clients who have worked with the attorney. This can give you insight into their level of expertise and their approach to handling legal matters.
- Ask about their experience: Ask the attorney about their experience handling construction-related legal matters. Look for an attorney who has experience handling cases similar to yours.
- Ensure the law firm has litigation credentials: Check to make sure that the firm you select is not only experienced in construction law, but has a good track record negotiating, mediating and litigating disputes in court.
South Florida Law
When faced with potential litigation of a Florida-based matter involving construction, be sure to do so with the assistance of a local attorney that has extensive construction law and litigation experience. With South Florida Law, you benefit from both big firm resources and small firm attention-to-detail and service. We have the construction law experience and local knowledge necessary to protect your business’ interests in a variety of situations – including a construction dispute. If you are facing a construction dispute, reach out to South Florida Law today on (954) 900-8885 or via our contact form.