Michael L. Feinstein, P.A.

Construction litigation threatened over endangered species

Commercial real estate developers in Florida and elsewhere can sometimes find themselves in a difficult position when residents of an area oppose construction. Though the developer may try to continue with the project as intended, some parties may try to take action in hopes of delaying or stopping a project altogether. Often, this type of scenario leads to construction litigation.

Threats of a lawsuit have recently occurred in another state over the construction of a Dollar General store. Reports stated that members of the community believe that the developer, the state's Department of Environmental Quality and the county have disregarded federal law that protects an endangered species in the area. Apparently, the construction could harm the population of Appalachian Elktoe mussels.

Approximately 50 protesters lined the roadway in front of the construction site to express their displeasure. The report indicated that the opponents have hired an attorney to file a letter of intent to sue over the matter. Construction can continue until an official lawsuit is filed, and all parties have two months to respond to the letter of intent, during which time construction could be completed.

Threats of construction litigation can certainly be troublesome to developers. However, it is a possibility that many in the construction industry face. In the event that Florida construction company owners and developers do have to contend with this type of ordeal, they will certainly want to understand their legal options. Speaking with experienced attorneys about responding to a letter of intent to sue and what litigation could entail may prove helpful to concerned parties.

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