If a mechanics lien in Florida just showed up on your property, you’re probably dealing with a contractor or supplier claiming they weren’t paid — and now your closing is in jeopardy, your lender is calling, and the contractor isn’t returning messages. Disputing a mechanics lien in Florida is absolutely possible, but the process has hard deadlines and specific procedures that can work for you or against you depending on how fast you move. Here’s the practical breakdown of what your options actually are.

Florida’s Construction Lien Law: The Rules That Govern Everything

The Framework Under Chapter 713

Florida’s Construction Lien Law (Chapter 713) governs who can file a lien, what notices are required, and the deadlines for enforcement. It applies to contractors, subcontractors, laborers, and material suppliers. Understanding the requirements is your starting point — because a lien that doesn’t follow them precisely is vulnerable to challenge.

Key Deadlines That Create Your Leverage

• Notice to Owner: Must be served within 45 days of first furnishing labor or materials. No notice — no lien rights for most subcontractors and suppliers.
• Lien recording deadline: The lien must be recorded within 90 days of the last day of furnishing labor or materials.
• Lawsuit deadline: A lien foreclosure action must be filed within 1 year of recording — or the lien is automatically extinguished.

These deadlines are where many liens fail. A Florida construction litigation attorney will check each one as the first step in evaluating your options.

Grounds to Challenge or Discharge a Florida Mechanics Lien

Procedural Defects

These are the most common and most effective challenges. If the liening party missed any procedural step, the lien may be void:

• Failed to serve a proper Notice to Owner within 45 days of starting work
• Recorded the lien after the 90-day deadline
• The lien description of the property or the amount is materially incorrect
• The contractor had no direct contract with the owner and no qualifying subcontract chain

Substantive Defects

Even if the lien was filed on time and properly noticed, you can still challenge the underlying claim:

• The lien amount includes work that was never actually performed
• The work was not authorized by the property owner
• The owner already paid the general contractor in full and the GC failed to pay the sub
• The lien was filed as retaliation for a legitimate dispute about quality or scope

Your Three Main Options for Clearing the Lien

Option 1: Transfer the Lien to a Bond

This is often the fastest way to clear title and let a transaction proceed. You post a cash deposit or surety bond equal to the lien amount — plus a premium. The Florida mechanics lien is released from the property and the bond becomes the security for the contractor’s claim. The dispute continues, but your closing or refinance can move forward. A Florida real estate litigation attorney can have this in place within days when a closing is on the line.

Option 2: Demand to Commence Action

Under Chapter 713, you can serve a written demand on the lien claimant requiring them to file a lien foreclosure lawsuit within 60 days. If they don’t file, the lien is extinguished by operation of law — no court order needed. This is an often underused tool. Many lien claimants record liens as a pressure tactic but have no real intention of filing suit. The demand forces their hand.

Option 3: Show Cause Motion

File a motion in circuit court asking the lien claimant to show cause why the lien should not be discharged. The court sets a hearing, and the claimant must demonstrate they have a valid, enforceable lien. If they can’t — or if the procedural defects are clear — the court discharges it. Florida courts can also award attorney fees to the property owner when a lien was fraudulently filed. See the fraudulent lien provision at § 713.31 for specifics.

What Happens If the Lien Is Valid

The Owner Paid the GC — But the Sub Didn’t Get Paid

This is the situation that surprises the most property owners. You paid your general contractor in full. The GC failed to pay their subcontractor. The sub files a lien against your property — and in Florida, it may be enforceable even though you’ve already paid. This is exactly why Florida law requires a Notice to Owner system — it lets owners know who is on the job so they can verify payment before releasing final funds to the GC.

Frequently Asked Questions

Question	Answer
Can a subcontractor lien my Florida property if I already paid the GC?	Yes — if they properly served a Notice to Owner and recorded timely. Paying the GC doesn’t automatically protect you from sub-contractor liens.
Can I recover attorney fees in a Florida lien dispute?	Yes. Chapter 713 allows prevailing party attorney fee awards in lien foreclosure actions. Fraudulently filed liens can also trigger fee awards.
What if the contractor abandoned the job mid-project?	Abandonment can affect the validity of the lien. If the contractor walked off without justification, that’s a material factor in your challenge.

A Florida Mechanics Lien on Your Property Needs to Be Addressed Now

Sitting on a Florida mechanics lien while a closing or refinance waits is one of the most expensive things you can do. Feinstein Law handles construction lien disputes and real estate litigation throughout South Florida. Call (954) 767-9662 or visit our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale firm handling construction litigation, real estate disputes, and contract matters throughout Broward, Miami-Dade, and Palm Beach counties.

If you’re asking whether you can sue a contractor for defective work in Florida, you probably already have water coming through your ceiling, foundation cracks spreading across your floor, or an electrical system that failed inspection — and the contractor has stopped returning your calls. Suing a contractor for defective work in Florida is absolutely an option, and Florida law gives you several strong tools to pursue it. But the process has strict deadlines and mandatory pre-suit steps that can kill your case if you miss them. Here’s exactly what you need to know before you do anything else.

What Counts as Defective Work Under Florida Law?

The Legal Definition

Florida’s Construction Defect Statute (Chapter 558) defines a defect as any deficiency in design, specifications, surveying, planning, supervision, or construction that results in physical damage to the structure. That’s a broad definition — and intentionally so. It covers faulty workmanship, defective materials, code violations, and design errors that affect your property’s value or safety.

Common Examples That Lead to Lawsuits

• Foundation cracks or settling from improper soil preparation
• Water intrusion through faulty window seals, roofing, or waterproofing
• Electrical or plumbing work that fails code inspection
• Structural failures from undersized framing or inadequate concrete
• Mold resulting from poor ventilation or moisture control
• Tile, flooring, or stucco defects tied to substandard installation

Not every imperfection qualifies. Florida courts ask whether the work deviated from industry standards or the specific contract terms. If you’re unsure whether your situation crosses the line, an experienced Florida construction litigation attorney can help you assess it before you spend a dollar on anything.

Who Can You Actually Sue?

It’s Not Always Just the General Contractor

You’re probably focused on the GC — the person or company you wrote the check to. But Florida construction defect claims can run up the entire chain. You might have valid claims against multiple parties at once, which matters because some defendants carry insurance and others may not.

Potential Defendants

• General contractors — responsible for project delivery and supervising all subs
• Subcontractors — directly liable for their specific scope of work
• Architects and engineers — liable when the defect traces to design errors or negligent specs
• Material suppliers — liable when defective products caused the problem
• Developers — may carry implied warranty of fitness liability on new construction

Identifying all responsible parties early is something a Florida real estate litigation attorney will do as a first step. Wait too long and some parties walk away protected by Florida’s statute of repose.

Florida’s Chapter 558 Pre-Suit Notice — You Can’t Skip This

What the Law Requires

Before you file a lawsuit, Florida law requires you to serve a written Chapter 558 notice of claim on the contractor. This notice must describe the defect in reasonable detail. The contractor then has 45 days (or 30 days for smaller residential repairs) to inspect the property and respond — either with a repair offer, monetary settlement, or denial.

Why This Step Actually Matters

Skipping it can get your case dismissed. But done right, the pre-suit process gives your attorney leverage. If the contractor ignores the notice, denies it without inspection, or makes a lowball offer, that becomes part of your litigation record. Courts look at how both parties behaved before the lawsuit was filed. The Florida DBPR also handles contractor license complaints separately — which is worth pursuing in parallel.

Deadlines — This Is Where Cases Die

Statute of Limitations vs. Statute of Repose

These are two separate clocks, and both can end your right to sue:

Deadline Type	Timeframe	When Clock Starts
Statute of Limitations	4 years	Date you discovered — or reasonably should have discovered — the defect
Statute of Repose	10 years	Date of substantial completion of the construction project
Latent Defects	May extend discovery clock	But the 10-year repose deadline is absolute

The repose deadline is the one that surprises people. Even if you just discovered the defect, if the project was completed more than 10 years ago, your claim is likely gone. If you’re inside that window, don’t wait — contact a Florida construction attorney today.

What Damages Can You Recover?

• Cost of repair — what it actually costs to fix the defective work
• Diminution in value — reduction in your property’s market value
• Consequential damages — temporary housing, lost rent, mold remediation costs
• Attorney fees — recoverable in some cases under contract or statute

Do You Need an Expert Witness?

Yes — Courts Require It

Florida courts require expert testimony in construction defect cases to establish what the standard of care was and how the contractor deviated from it. You’ll typically need a licensed engineer, contractor, or architect who can inspect the defect, document it, and testify about causation. Your attorney handles finding and retaining the right expert — but understand upfront that it’s a cost of litigation. Complex litigation like this moves faster and more efficiently when expert retention happens early.

Frequently Asked Questions

Question	Answer
Can I sue if I already paid the contractor in full?	Yes. Payment does not waive your right to pursue defective work claims. Florida courts consistently hold that paying for bad work doesn’t mean you accepted it.
What if the contractor is no longer licensed?	You can still file a civil claim. Report the license issue to Florida DBPR separately — the two processes run independently.
Can I sue for emotional distress?	Generally no. Florida construction defect claims are limited to economic damages and property losses unless a physical injury occurred.
Does my homeowner’s insurance cover contractor defects?	Possibly for resulting damage (like mold from a leak), but typically not for the defective work itself. Check your policy and notify your insurer early.

Getting Your Property Fixed — and Your Money Back

You shouldn’t have to absorb the cost of work that was never done right. Feinstein Law represents property owners and developers in Florida construction defect disputes throughout South Florida. Call (954) 767-9662 or visit our contact page to talk through your situation.

About Feinstein Law: Feinstein Law is a Fort Lauderdale-based litigation firm representing clients in construction disputes, real estate litigation, and business litigation throughout Broward, Miami-Dade, and Palm Beach counties.

Construction Project Going Sideways?

Don’t Wait for Court—Resolve Your Contractor Dispute Now

Construction Litigation Attorney | South Florida

The Harsh Reality: Every month you wait to address contractor problems costs you money, delays your project, and increases the likelihood of ending up in expensive litigation. With over 40 years of construction and real estate law experience, Michael Feinstein has seen it all—and knows exactly how to stop problems before they spiral out of control.

You’ve invested significant capital into your construction project—whether it’s a high-end residential renovation, a commercial development, or a multi-family property. You’ve done your due diligence, hired what you thought were reputable contractors, and expected professional results. But now something’s gone wrong.

Maybe the work is substandard. Perhaps costs are spiraling beyond your approved budget. The timeline has stretched from months into what feels like years. Or worse—your contractor has disappeared, leaving you with an unfinished project and mounting bills.

Here’s what you need to understand, waiting to address these issues only makes them worse. The difference between a manageable dispute resolution and a catastrophic litigation nightmare often comes down to how quickly you engage experienced legal counsel.

Common Construction Disputes That Threaten Your Investment

• Contract Breaches: When contractors fail to perform work according to agreed specifications, timelines, or quality standards outlined in your construction contract.
• Cost Overruns: Unauthorized budget increases, inflated change orders, and project costs that exceed contracted amounts without proper documentation or approval.
• Construction Defects: Substandard workmanship, code violations, structural problems, and material defects that compromise safety, value, or functionality.
• Timeline Delays: Missed deadlines, extended completion dates, and scheduling conflicts that cost you money in extended carrying costs and lost opportunities.
• Mechanic’s Liens: Legal claims filed against your property by contractors, subcontractors, or suppliers for unpaid work—threatening your ownership rights.
• Design Disputes: Conflicts between architects, engineers, and contractors over design specifications, buildability issues, and responsibility for design errors.
• Scope Creep: Unauthorized work, undocumented changes, and disputes over what was included in the original contract scope.
• Payment Disputes: Disagreements over payment schedules, withholding for defective work, and conflicts over final payment and project closeout.

Warning Signs Your Construction Project Needs Legal Intervention

• Consistent missed deadlines with vague excuses and no corrective action plan
• Quality issues that the contractor refuses to acknowledge or repair
• Unexpected cost increases without proper documentation or change order procedures
• Communication breakdown where your contractor stops returning calls or emails
• Work stoppage with materials or workers disappearing from your job site
• Lien threats from subcontractors or suppliers claiming non-payment
• Code violations discovered during inspections that the contractor should have prevented
• Safety concerns indicating negligent or reckless construction practices
• Payment disputes where the contractor demands money for incomplete or defective work
• Contractor threatening litigation or making legal demands without proper basis

The True Cost of Waiting: Litigation vs. Early Resolution

Average Costs: Early Intervention vs. Court Litigation

• Early Resolution: $15K-$50K (typically 2-6 months)
• Court Litigation: $150K-$500K+ (typically 18-36 months)

Factor	Early Legal Intervention	Going to Court
Timeline	2-6 months typical resolution	18-36 months to trial verdict
Cost Range	$15,000-$50,000	$150,000-$500,000+
Control Over Outcome	High – You negotiate terms	Low – Judge/jury decides
Business Disruption	Minimal – Focused negotiation	Extensive – Depositions, discovery, trial prep
Confidentiality	Private settlement	Public court record
Relationship Preservation	Possible to maintain working relationship	Adversarial – Burns bridges
Project Completion	Can resume work quickly	Often halted until resolution
Success Predictability	Negotiated certainty	Uncertain jury verdicts

The Feinstein Approach: Strategic Resolution Before Court

1. Immediate Case Assessment: We conduct a comprehensive review of your construction contract, project documentation, correspondence, and current situation. This includes analyzing your legal position, potential exposure, and leverage points for negotiation.
2. Document Everything: We work with you to compile and organize all relevant evidence: contracts, change orders, payment records, photographs, inspection reports, expert opinions, and communications. Proper documentation is your strongest weapon.
3. Strategic Demand Letter: Our firm sends a detailed legal demand letter outlining the violations, required remedies, and consequences of non-compliance. This formal notice often motivates contractors to take your concerns seriously and engage in meaningful dialogue.
4. Negotiated Settlement: We leverage our 40+ years of construction law experience to negotiate favorable terms: completion of work, cost reductions, schedule acceleration, or monetary settlements. Most disputes resolve at this stage.
5. Alternative Dispute Resolution: If direct negotiation fails, we pursue mediation or arbitration—structured processes that resolve disputes faster and more cost-effectively than court litigation while still protecting your interests.
6. Litigation When Necessary: If all pre-litigation efforts fail, we’re fully prepared to take your case to court. Our trial experience ensures aggressive representation and the highest probability of success when litigation becomes unavoidable.

Why High Net Worth Property Owners Choose Feinstein Law

• 40+ Years Experience
• 100+ Trial Cases
• $100M+ Transactions Managed
• AV Preeminent Rated

Michael L. Feinstein, Esquire

• AV Preeminent Peer Review Rated by Martindale-Hubbell
• Florida Licensed Real Estate Broker with deep market knowledge
• Former Licensed Mortgage Broker (25+ years)
• Represents ultra-high net worth clients in complex construction disputes
• Successfully resolved hundreds of construction and contractor disputes
• Extensive trial experience in state and federal courts
• Recognized expert in South Florida construction and real estate law

The Feinstein Advantage: Triple Expertise. Unlike general practice attorneys, Michael Feinstein brings a unique triple qualification to your construction dispute: Attorney + Real Estate Broker + Former Mortgage Broker. This comprehensive understanding of construction law, real estate transactions, and financing means he sees angles other attorneys miss and negotiates from a position of superior knowledge.

Common Construction Disputes We Handle in South Florida

Whether your property is in Fort Lauderdale, Miami Beach, Palm Beach, Boca Raton, or anywhere across South Florida’s high-end real estate markets, we handle all construction-related disputes:

• Residential Construction: Custom homes, luxury renovations, oceanfront properties, historic restorations, additions and remodels
• Commercial Projects: Office buildings, retail centers, restaurants, hotels and resorts, mixed-use developments
• Multi-Family Properties: Condominiums, apartment complexes, HOA construction disputes, building envelope issues
• Industrial & Warehouse: Distribution centers, manufacturing facilities, logistics properties, industrial conversions

Real-World Impact: When Early Intervention Saves Your Project

Consider a recent client: a high net worth investor who purchased a historic property for conversion into luxury residences. The contractor fell behind schedule, quality issues emerged, and costs escalated dramatically. When subcontractors threatened liens, our client engaged our firm.

Within 60 days, we:

• Documented all contract violations and defective work
• Negotiated removal of the problematic general contractor
• Facilitated engagement of qualified replacement contractors
• Prevented all mechanic’s liens from being filed
• Secured a settlement that covered remediation costs
• Got the project back on track without litigation

Estimated litigation costs without intervention: $300,000+ and 18-24 months of delays.

Contact Feinstein Law

Call (954) 767-9662
Email for Consultation
Contact Our Firm

Frequently Asked Questions

When should I contact a construction attorney?

Immediately when you notice contract violations, quality issues, cost overruns, or communication breakdown. The earlier you engage legal counsel, the more options you have and the lower your costs will be. Don’t wait until your contractor has disappeared or liens have been filed.

How much does it cost to resolve a construction dispute?

Early intervention typically costs $15,000-$50,000 and resolves within 2-6 months. Full litigation can cost $150,000-$500,000+ and take 18-36 months. The investment in early legal representation almost always saves money compared to waiting.

Can you help if my contractor has already filed a lawsuit?

Absolutely. While early intervention is ideal, we aggressively defend construction lawsuits and have extensive trial experience. We can assess your case, develop defense strategy, and pursue favorable resolution or trial victory.

What if I’ve already paid the contractor in full?

You still have legal remedies. Depending on the defects and contract violations, you may be entitled to damages, cost of repairs, or other compensation. We can assess your rights and pursue recovery.

Do you handle disputes with architects and engineers?

Yes. Construction projects involve multiple parties, and we have extensive experience with architect-owner disputes, engineer liability, design defect claims, and professional negligence matters.

What areas of South Florida do you serve?

We represent clients throughout South Florida, including Fort Lauderdale, Miami, Miami Beach, Boca Raton, Palm Beach, Coral Gables, Aventura, Sunny Isles, Key Biscayne, and surrounding areas. Our Fort Lauderdale office is centrally located to serve the entire region.

Feinstein Real Estate Litigation & Business Law
501 E Las Olas Blvd, Suite 300
Fort Lauderdale, FL 33301
Phone: (954) 767-9662
Alternative: (561) 380-8129

The information provided in this blog is for general informational purposes only and does not constitute legal advice. Every construction dispute is unique and requires individual analysis. Contact Feinstein Law for specific guidance on your situation.

Have Questions About Fort Lauderdale Construction Litigation?

Construction projects in Fort Lauderdale can be a complicated undertaking that requires detailed planning, coordination among various parties, and significant financial investments. Given the complex nature of the nuances involved, it’s not uncommon for disputes to arise between property owners, developers, contractors, and other parties. When these disagreements escalate, construction litigation often becomes necessary to protect each party’s rights and resolve the issues.

Whether you’re a property owner, contractor, or developer, understanding Florida’s construction laws and the litigation process can help you resolve disputes more effectively. If you need immediate assistance, feel free to reach out to Fort Lauderdale Construction Litigation Lawyer Michael L. Feinsten.

Common Types of Construction Disputes in Florida

Construction litigation can arise from various issues that disrupt the completion, safety, or financial terms of a project. Lets look at  some common types of disputes that can lead to construction litigation in Fort Lauderdale:

1. Breach of Contract
   Contracts are the cornerstone of construction projects, defining the roles, responsibilities, and expectations of each party. When one party fails to fulfill its obligations—whether by missing deadlines, failing to complete work, or not paying on time—it can lead to a breach of contract dispute.
2. Construction Defects
   Construction defects can range from minor cosmetic issues to serious structural flaws. These defects are often due to poor workmanship, design errors, or substandard materials. In Florida, construction defect claims are subject to specific regulations, including statutes of limitations and pre-suit notice requirements under Florida Statute §558.004.
3. Delays in Project Completion
   Delays can have significant financial implications for everyone involved in a project. While some delays are unavoidable, such as weather-related setbacks, others occur due to mismanagement or contractual breaches. Parties may seek compensation if a delay results in financial losses.
4. Payment and Mechanic’s Liens
   Payment disputes are a common cause of construction litigation, particularly when contractors or suppliers are not paid in full. In these cases, contractors or subcontractors may file a mechanic’s lien against the property to secure payment. Florida law provides specific rules for filing and enforcing mechanic’s liens, as outlined in Florida’s Construction Lien Law (Chapter 713, Florida Statutes).
5. Insurance Coverage Disputes
   Construction projects typically involve multiple types of insurance coverage, including property, liability, and worker’s compensation. Disputes may arise when insurance companies deny claims or refuse to provide coverage for certain damages, often leading to litigation.

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Florida Laws Governing Construction Litigation

Several key Florida laws provide the framework for handling construction disputes. Here are some of the most relevant statutes:

• Florida Statute §558.004 (Construction Defects)
  This statute outlines the process for resolving construction defect claims in Florida. It requires the property owner to provide notice to the contractor before filing a lawsuit, giving the contractor an opportunity to address the defect. This “right to repair” law is designed to promote dispute resolution without litigation. Read more here.
• Florida Construction Lien Law (Chapter 713, Florida Statutes)
  This statute governs mechanic’s liens in Florida, outlining the steps contractors and subcontractors must take to secure payment through liens. The law also sets strict deadlines and requirements for lien filings and enforcement. Explore the Construction Lien Law here.
• Florida Statute §95.11 (Statute of Limitations)
  This statute details the time limits for filing lawsuits in Florida, including construction-related claims. Construction defect claims must typically be filed within four years of the defect being discovered, though there are exceptions for latent defects. Learn more about the statute of limitations.

Understanding these laws is a necessity for anyone involved in a construction project in Fort Lauderdale. They can impact both the resolution of disputes and the protection of your rights.

Steps to Take If You’re Facing a Construction Dispute

If you’re involved in a construction dispute, taking the right steps early on can significantly impact the outcome. So what do the steps look like? Let’s take a look:

1. Review the Contract
   Start by carefully reviewing the terms of your contract. Contracts typically outline the responsibilities of each party and any dispute resolution methods, such as mediation or arbitration. Identifying potential breaches or responsibilities can help clarify your position.
2. Document Everything
   Keep detailed records of all communications, payments, change orders, and any issues that arise. Photographs, emails, and written agreements can serve as valuable evidence if the dispute escalates to litigation.
3. Attempt Pre-Suit Resolution
   Before pursuing litigation, consider alternative dispute resolution methods like negotiation, mediation, or arbitration. Many contracts include clauses that require these methods before litigation. Attempting to resolve the issue out of court can save time and expenses.
4. Consult a Construction Litigation Lawyer
   A lawyer experienced in construction litigation can assess your situation, provide legal advice, and help you understand your rights under Florida law. They can also assist in with pre-suit notice requirements, especially in construction defect cases.
5. Consider Filing a Mechanic’s Lien
   If you’re a contractor or supplier who hasn’t been paid, filing a mechanic’s lien can help secure payment for your services. It’s essential to follow Florida’s lien laws closely, as failure to meet the requirements could invalidate your lien rights.
6. Proceed with Litigation if Necessary
   If pre-suit negotiations and alternative methods fail, litigation may be the only option. Construction litigation can be exhaustive, involving multiple parties and legal arguments.

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Tips for Avoiding Construction Disputes

While disputes can sometimes be unavoidable, there are steps you can take to reduce the risk of conflicts in construction projects:

• Draft Clear and Comprehensive Contracts
  Contracts are the foundation of any construction project, and they should be as detailed and specific as possible. Outline each party’s roles, responsibilities, and expectations in clear terms to prevent misunderstandings.
• Communicate Regularly
  Regular communication between property owners, contractors, and subcontractors helps ensure everyone is on the same page. Address potential issues early on and document all changes in writing.
• Conduct Quality Assurance Checks
  Routine inspections throughout the project can help identify and address issues before they become significant problems. This proactive approach can reduce the likelihood of defects and disputes.
• Use Payment Schedules and Progress Milestones
  Establishing a payment schedule tied to project milestones helps ensure that all parties meet their obligations. Contractors and property owners alike benefit from payment structures that reflect project progress.

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How a Fort Lauderdale Construction Litigation Lawyer Can Help

When disputes do arise, a skilled construction litigation lawyer can provide valuable information and representation. While it’s ideal to avoid litigation, there are times when going to court is necessary to protect your rights and secure compensation.

Michael L. Feinstein is an award-winning real estate and construction litigation attorney in Fort Lauderdale, known for his extensive experience and commitment to client success. By handling all aspects of construction litigation, from contract review and breach of contract claims to lien enforcement and construction defect disputes, Mr. Feinstein provides clients with comprehensive support and legal protection.

If you’re facing a construction dispute in Fort Lauderdale, consulting with a knowledgeable attorney can help ensure that your rights are upheld and that you’re well-positioned for a favorable outcome. While Florida’s construction laws can be nuanced, working with an experienced attorney can make the legal process more manageable.

Contact our office if you need assistance:

Feinstein Real Estate Litigation and Business Law Real estate attorney
501 E Las Olas Blvd #300
Fort Lauderdale, FL 33301
(954) 767-9662

A construction litigation lawyer in Florida may assist a construction company in resolving a dispute with a subcontractor over payment for work performed, ensuring that all parties adhere to the terms of the contract and Florida construction laws. It’s also important to involve a construction lawyer early on in the process to minimize risks and ensure preparedness, which can ultimately save time and resources in the long run.

What to Look for When Choosing an Attorney

When it comes to choosing the right construction litigation lawyer in Florida, it’s crucial to consider several key factors that can significantly impact the outcome of construction-related legal matters. Understanding the role of a construction litigation lawyer is essential, as these legal professionals provide vital advice to various participants in the construction industry, including drafting and negotiating contracts, and handling disputes about project costs, quality of work, and responsibility for injuries or damages.

• When evaluating qualities to look for in a construction litigation lawyer, it’s essential to prioritize hiring a board certified construction lawyer with expertise in handling construction disputes. For instance, a board certified construction lawyer may have demonstrated a high level of competence and experience in construction law through rigorous testing and peer evaluation, making them well-equipped to handle complex construction litigation cases.
• Choosing a local lawyer who understands the legal landscape in the community and has a successful track record in construction litigation cases can be highly beneficial. This local expertise can be particularly advantageous when navigating the intricacies of Florida construction laws and regulations, as well as establishing strong working relationships with local courts and industry professionals.
• You should also consider the qualifications and certifications needed in a construction litigation lawyer in Florida, ensuring that the lawyer possesses the necessary credentials to handle their specific legal needs effectively.

Handling construction disputes in Florida can be a complex and challenging process, often involving significant complications and delays. Construction attorneys play a crucial role in mitigating these challenges and saving clients time and money when engaged early in the project.

A construction litigation lawyer may assist a property owner in resolving a dispute with a general contractor over defective workmanship, ensuring that the project progresses smoothly and without unnecessary delays. By addressing common issues such as payment discrepancies and workmanship concerns, construction lawyers can provide valuable guidance and legal representation throughout the construction process, ultimately contributing to the successful resolution of disputes and the overall success of the project.

The Importance of Florida Construction Law

Understanding Florida construction laws is paramount for the effectiveness of a construction litigation lawyer. Clients should consider certifications and experience when choosing a construction attorney who understands their needs and possesses expertise in the domain from the outset of the project.

5 Musts for Choosing a Construction Litigation Lawyer In Florida

1. A construction litigation lawyer with in-depth knowledge of Florida construction laws may be better equipped to navigate complex legal issues, such as filing liens or bond claims for non-payment, ensuring that their clients’ rights are protected throughout the construction process. By leveraging their understanding of Florida construction laws, construction lawyers can provide strategic legal counsel and representation tailored to the unique needs of their clients, ultimately contributing to more favorable outcomes in construction-related legal matters.
2. Evaluating a lawyer’s successful track record in handling construction litigation cases in Florida is essential. Clients should thoroughly assess a lawyer’s past achievements and case outcomes to gauge their ability to effectively represent their interests in construction disputes.
3. A lawyer with a proven track record of success in handling construction litigation cases may offer valuable insights and expertise, increasing the likelihood of achieving favorable outcomes in legal disputes related to construction projects. By examining a lawyer’s successful track record, clients can make informed decisions when selecting legal representation for their construction-related legal matters, ensuring that they are well-equipped to address any challenges that may arise throughout the construction process.
4. Assessing the availability and responsiveness of construction litigation lawyers in Florida is crucial, as it can significantly impact the overall effectiveness of legal representation. Engaging a construction attorney as soon as possible, ideally from day one of the project, can significantly benefit the client by addressing legal matters promptly and effectively.
5. A responsive construction litigation lawyer may be able to swiftly intervene in a dispute between a developer and a neighboring property owner, preventing the escalation of the conflict and minimizing potential legal liabilities. By prioritizing availability and responsiveness, clients can establish strong communication channels with their legal representatives, ensuring that their concerns are promptly addressed and their interests are diligently advocated for throughout the construction process.

Understanding Rates and Billing Options

Clients should be aware of the rates and billing methods of construction litigation lawyers in Florida and understand the expected cost and fee structure when hiring a construction litigation lawyer. By gaining clarity on the cost and fee structure, clients can make informed decisions regarding their legal budget and financial commitments, ensuring transparency and predictability in their legal expenses.

Additionally, understanding the cost and fee structure can help clients align their expectations with the scope of legal services provided by their chosen construction litigation lawyer, ultimately fostering a constructive and transparent attorney-client relationship.

By leveraging reputable resources and considering relevant qualifications, you can make an informed decision when selecting a construction litigation lawyer, ultimately increasing the likelihood of securing effective legal representation for their construction-related legal needs.

If you need legal representation now, contact us today for a free consultation. We’ll let you know within a few business days if we can accept your case.

Commercial real estate transactions in Florida are intricate legal processes that necessitate the involvement of a competent commercial real estate attorney. These legal professionals play a crucial role in ensuring the legality and success of transactions, providing essential legal guidance and expertise in navigating complex real estate laws and regulations.

When an entrepreneur or business seeks to purchase a commercial property, an experienced commercial real estate attorney in Florida can offer valuable advice on the legal requirements, potential risks, and necessary documentation to ensure a smooth and legally sound transaction. The critical role of a commercial real estate attorney extends to safeguarding the interests of all parties involved in the transaction. This includes buyers, sellers, developers, and investors.

Why Is a Commercial Property Lawyer Necessary?

By providing legal expertise, a Florida commercial real estate attorney can identify and mitigate potential risks and liabilities present in commercial real estate deals. For instance, in a large-scale commercial development project, an attorney’s involvement can help in conducting due diligence to uncover any legal obstacles or liabilities associated with the property, protecting the client from future disputes or financial losses.

Additionally, the legal complexities and potential pitfalls in commercial real estate transactions underscore the need for legal expertise. Failing to address these complexities can lead to costly disputes and delays in the transaction.

This is especially evident in matters related to zoning issues, environmental regulations, and title disputes. A skilled attorney can effectively address and resolve these legal challenges, ensuring a smooth and legally compliant transaction process. By illustrating the potential pitfalls and legal intricacies involved in commercial real estate transactions, it becomes clear that the involvement of a competent commercial real estate attorney is indeed crucial in the Florida market.

3 Characteristics You Need in a Commercial Real Estate Attorney in Florida

1. Specific Experience and Expertise in Commercial Real Estate Law

When selecting a commercial real estate attorney in Florida, it’s imperative to consider their specific experience and expertise in handling commercial real estate matters. A reputable attorney should have specialized knowledge and experience in areas such as acquisitions, leasing, financing, and development.

An attorney with a proven track record of successful commercial real estate transactions, especially in the Florida market, demonstrates a deep understanding of the unique legal considerations and challenges associated with commercial properties. This specific experience and expertise equip them to provide tailored legal solutions for clients, addressing their individual needs and concerns in the context of the Florida real estate market.

It’s also critical to assess the attorney’s familiarity with commercial real estate regulations specific to Florida. Florida has specific real estate regulations and statutes that govern commercial property transactions.

An attorney with a comprehensive understanding of these regulations can provide accurate legal advice and documentation, ensuring compliance and minimizing legal complications. As a current or potential client, seek an attorney who demonstrates experience in navigating Florida’s real estate regulations and statutes, as this expertise is integral to providing effective legal representation in the state’s commercial real estate market.

2. Successful Track Record and Dispute Resolution Skills

Evaluating an attorney’s track record of successful commercial real estate transactions and effective dispute resolution skills is vital. A strong track record indicates the attorney’s ability to navigate complex deals and achieve favorable outcomes for their clients.

An attorney who has successfully resolved disputes related to commercial real estate, such as contract disputes or property issues, demonstrates their proficiency in addressing complex legal challenges in the Florida market. Additionally, the ability to resolve disputes and conflicts effectively can provide valuable protection for clients, safeguarding their interests and ensuring the success of their commercial real estate transactions.

3. Excellent Reviews from Former Clients

Reviews and testimonials from previous clients serve as important indicators of an attorney’s performance and reputation. Speaking with former clients or reading their testimonials can provide firsthand accounts of the attorney’s approach, communication style, and the overall satisfaction of their clients.

Positive feedback and successful case examples can instill confidence in the attorney’s capability to effectively represent their clients’ interests in commercial real estate transactions, while also demonstrating their understanding of the unique legal challenges associated with commercial properties in Florida. By thoroughly evaluating an attorney’s achievements and successful cases, you can make informed decisions when selecting a commercial real estate attorney to represent their interests in Florida.

Understanding Florida Real Estate Regulations

Having a deep understanding of Florida real estate regulations is paramount when choosing a commercial real estate attorney in Florida. This state’s specific regulations and statutes play a crucial role in governing commercial property transactions.

Florida has strict zoning laws that dictate how a commercial property can be used, and any violations can lead to legal complications and costly disputes. An attorney with comprehensive knowledge of these regulations can guide clients through the intricacies of zoning laws, ensuring that their commercial real estate transactions comply with the state’s legal requirements.

Florida’s real estate regulations encompass environmental laws that impact commercial property development and usage. Attorneys well-versed in these regulations can advise clients on environmental assessments, contamination issues, and compliance with environmental impact studies, thereby mitigating potential liabilities and risks associated with environmental regulations. The ability of our team to navigate and interpret Florida’s specific environmental statutes is vital in safeguarding the interests of our clients and ensuring the success of their transactions.

The state’s real estate laws involve title regulations, property disclosures, and other legal aspects crucial to commercial real estate transactions. Our proficient attorneys can provide comprehensive guidance on title searches, insurance requirements, and the drafting of legally sound property disclosures, minimizing the likelihood of title disputes and legal ambiguities.

By emphasizing the importance of adhering to Florida’s real estate regulations, a skilled attorney can help clients avoid potential legal pitfalls and maintain the validity and integrity of their commercial real estate transactions. When evaluating potential attorneys, remember to observe whether or not they have an in-depth understanding of Florida’s real estate regulations and their ability to leverage this knowledge to benefit their clients.

Assessing Experience and Expertise of a Commercial Real Estate Attorney

When evaluating the experience and expertise of a commercial real estate attorney in Florida, it’s crucial to delve into their achievements and successful cases within the commercial real estate sector. An attorney with a successful track record of facilitating large-scale commercial property acquisitions, negotiating favorable lease agreements, and resolving complex zoning issues demonstrates a high level of competence and proficiency in handling intricate commercial real estate matters.

By reviewing the attorney’s achievements, you’ll gain valuable insights into their ability to navigate complex transactions and deliver favorable outcomes for their clients, particularly in the dynamic and diverse Florida real estate market. By thoroughly evaluating an attorney’s achievements and successful cases, potential clients can make informed decisions when selecting a commercial real estate attorney to represent their interests in the state.

Communication and Availability with the Attorney

Effective communication between an attorney and their client is paramount when choosing a commercial real estate attorney in Florida. The ability to clearly articulate legal strategies, discuss potential risks, and address client concerns is crucial for a successful attorney-client relationship.

A skilled attorney should proactively communicate with the client at each stage of the process, providing updates, and seeking input to ensure alignment with the client’s objectives and expectations.

In addition to effective communication, the availability of the attorney for timely advice and guidance significantly impacts the transaction process. An attorney who is accessible and responsive to client inquiries and needs can instill confidence in the client and contribute to a smoother and more efficient legal process. This level of availability and communication fosters trust and collaboration between the attorney and client, ensuring that the client’s objectives and concerns are effectively addressed throughout the transaction process.

Clear and open communication ensures that the client feels informed and involved in the legal process, leading to a more harmonious working relationship and a more satisfactory legal representation experience. By emphasizing the importance of effective communication and availability, clients can seek commercial real estate lawyers who prioritize transparent and frequent communication, fostering a collaborative and productive attorney-client relationship in the context of commercial real estate transactions in Florida.

Cost and Fee Structure Considerations

It’s crucial for clients to thoroughly understand the costs and billing structure when considering hiring a commercial real estate attorney in Florida. Transparent communication about legal fees, retainer agreements, and any additional costs is essential for making informed decisions.

A reputable attorney is always willing to provide a breakdown of their fee structure, including whether they charge hourly rates, flat fees, or contingency fees, and any additional expenses that may arise during the legal process. This level of transparency allows clients to assess the financial implications of engaging the attorney, ensuring that there are no unexpected surprises along the way.

Having a clear understanding of the fee structure enables you to plan and budget accordingly for legal expenses. If a client is involved in a complex commercial real estate transaction that may require extensive legal support over an extended period, knowing the potential costs upfront can help them make well-informed financial decisions. Additionally, being aware of the billing structure allows clients to compare the offerings of different attorneys and select the one whose fee arrangements align with their budget and expectations.

Understanding the cost implications and fee structure is integral to avoiding misunderstandings and ensuring a transparent and harmonious attorney-client relationship. By proactively addressing cost considerations, clients can enter into the attorney-client relationship with confidence, knowing that they are well-informed about the financial aspects of the legal representation.

Establishing a Genuine Connection with Your Attorney

Building a genuine connection with a commercial real estate attorney is essential for fostering a strong and effective working relationship. This connection goes beyond the professional realm and involves establishing trust, open communication, and a shared understanding of the client’s specific needs and goals. For example, a genuine connection may involve the attorney taking the time to understand the client’s long-term business objectives, providing tailored legal advice that aligns with those objectives, and maintaining transparent communication throughout the entire process.

An honest working relationship often leads to a more personalized approach to legal representation. An attorney who has taken the time to build a strong connection with a client may be better equipped to customize their legal strategies to suit the unique requirements of the client’s commercial real estate transactions. This level of personalized attention can result in a more satisfactory legal representation experience, as the client feels that their attorney truly understands and prioritizes their individual needs.

A genuine connection contributes to a collaborative and productive relationship. When there is mutual respect and understanding between the attorney and the client, it facilitates a more open exchange of ideas, concerns, and objectives.

This collaborative environment can lead to more effective decision-making, problem-solving, and overall success in navigating the complexities of commercial real estate transactions. Ultimately, building a genuine connection with a commercial real estate attorney is pivotal in ensuring a positive and fruitful attorney-client relationship, which is fundamental to the success of any real estate transaction.

Early Involvement of an Attorney in the Process

When dealing with commercial real estate in Florida, hiring an attorney early in the process offers numerous advantages. Firstly, by involving an attorney from the onset, potential issues can be identified and addressed proactively. For example, a property under consideration for purchase may have zoning restrictions that could limit the intended use. An experienced attorney can conduct a thorough review at the outset, identifying any zoning issues and proposing potential solutions to mitigate or resolve these concerns, thus saving time and preventing possible setbacks.

Furthermore, attorneys can provide valuable insights and guidance during the negotiation and due diligence stages. For instance, when negotiating the terms of a commercial lease, having an attorney on board early allows for strategic input to ensure favorable clauses and conditions for the client. Additionally, during the due diligence phase, an attorney’s involvement is instrumental in scrutinizing important documents such as title reports, surveys, and environmental assessments, thereby ensuring that the client proceeds with a comprehensive understanding of the property’s legal status and potential risks.

Moreover, timely legal advice can prevent costly mistakes and missed opportunities in the transaction. For example, an attorney can provide guidance on financing options, tax implications, and potential liabilities associated with the property, enabling the client to make informed decisions and capitalize on opportunities that align with their commercial real estate objectives. Therefore, the early engagement of an attorney ensures that legal considerations are integrated into the transaction from the outset, safeguarding the client’s interests and paving the way for a smooth and successful commercial real estate transaction in Florida.

Wrapping Up

Choosing a commercial real estate attorney in Florida requires deep consideration of multiple factors to ensure an ideal outcome. The attorney’s specific experience and expertise in commercial real estate law, successful track record, effective communication, understanding of costs, and early involvement in the process must be viewed in a transparent fashion. 

By emphasizing these key factors, clients can make informed decisions when selecting a commercial real estate attorney to represent their interests in the dynamic and complex Florida real estate market. Ultimately, the significance of making an informed decision based on the attorney’s experience, communication, cost considerations, and regulatory understanding cannot be overstated, underscoring the importance of establishing a strong attorney-client relationship for successful commercial real estate transactions in Florida.

Need representation for your next project? Have you found yourself in a bind? Contact us now for a free consultation. 

South Florida is a popular destination for many reasons, from vacations to retirement and more. This makes the real estate market highly competitive, particularly regarding condominiums. Recent changes to state law after the Surfside condo collapse have put more pressure on building owners to maintain their structures, but failure to comply with the new regulations could be costly for condo owners and managers. Here’s what to know and how a qualified real estate litigation law firm can assist you.    

Condo Maintenance Past & Present 

It’s not uncommon for condo owners or building managers to defer scheduled maintenance, repairs, and replacements as long as possible to keep their income-to-expense ratio high. However, this comes at a price for tenants or renters, who are often subjected to subpar or even dangerous conditions when owners delay the work to save money. 

Now, under the new law, condo associations in Florida will have to conduct more frequent inspections for older buildings and will be required to set aside a fund to cover upkeep and necessary repairs as they arise. This will hopefully make it easier for condo owners and managers to approve maintenance requests in a timely fashion without too much concern for how the HOA will pay for the repairs.

The Impact of New Regulations On Tenants 

Unfortunately, few HOAs are going to be willing to absorb the cost of increased inspections and most are going to pass the buck onto their tenants. Maintenance fees are liable to go up substantially, especially for older buildings that have gone through a longer period of neglect. 

It’s worthwhile to note that the majority of people living in older Florida condos are elderly, disabled, and/or on a fixed income. They often don’t have the extra funds to support an increase in maintenance fees to cover the cost of more responsible building management. Although the value of a properly maintained structure shouldn’t be underestimated, the new law will undoubtedly put extra pressure on both tenants and managers.

How a Florida Real Estate Lawyer Can Support You

If you’re affected by the new condo law in Florida, a real estate lawyer can represent you in court, negotiate on your behalf, and give you legal advice about your specific situation. They are familiar with the laws and procedures that apply to condominiums and homeowners associations in the state and can help you navigate through these complex legal issues. Contact Feinstein Real Estate Litigation & Business Law for a consultation to learn more at 954-767-9662.

Water Street Tampa is an expanding city-within-a-city, however, the developers behind the project are in a bit of hot water. Currently, Water Street Tampa is facing a total of $30M in construction disputes, largely for unpaid contracts. 

More than 20 liens were filed in the Hillsborough County Clerk’s office against Water Street Tampa properties, namely the JW Marriot; an upper-class hotel at 510 Water Street that just opened in December of 2020. The complaint documents state that the project developers owe $29.1 million to contractors for unpaid work. The total amount of the project’s contracts exceeds $348.7 million. 

The liens filed against JW Marriot were done so by Coastal Construction, or one of their many subcontractors. Coastal Construction has declined to make any comment on the liens, but president Craig Klingensmith said at the groundbreaking for another project that typically, their Tampa business dealings tend to go smoothly. He implied that the matter with Water Street Tampa is out-of-the-ordinary for the area, but did not make any specific comments about the Water Street projects or the liens that were filed.  

Owners of the various properties affected have transferred 7 of the liens to surety bonds, totaling $7.1M. A surety bond helps protect the property from foreclosure, but it does not resolve the disputed missing payments. 

Dealing With Unpaid Construction Invoices and Contracts? 

Failure to pay is one of the most common but problematic issues in the construction industry. Many construction firms, project managers, subcontractors, and other entities find that the property owners that hired them don’t have the money to pay the construction invoices or they never planned on paying at all. 

Recouping these losses can be difficult without the help of an experienced Florida construction litigation attorney. At Feinstein Real Estate Litigation & Business Law, we have the skills needed to provide your company with zealous legal representation in the face of high-dollar disputes. 

Contact us for your initial consultation today at  954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

A closed-down golf course in Boca Raton has sold for $33M after years of being mired in litigation. The Mizner Trail Golf Club was purchased by a West Palm Beach County real estate company that may build additional residential homes on the land after leveling the golf course. 

Residents Fighting Against Redevelopment 

The 125-acre golf course was the subject of heated litigation on both sides as residents surrounding the area fought against the redevelopment of the course for many years. They introduced lawsuits to halt development on the property, however, lost in 2014 when a Palm Beach County commission approved the area for redevelopment. However, it wasn’t until the end of 2019 that the golf course sold. 

Meeting New Housing Needs 

Housing trends in Florida are heading towards easy-to-build, single-family homes that can be rented and are simple to maintain and revamp in between tenants. The Mizner Trail Golf Club will likely be used as land for these new types of rentals, despite the disapproval of nearby residents. It is unknown if this is the confirmed plan for the property though, and construction may not begin for some time. 

As the need for housing in Florida continues to grow, more areas like this shuttered golf course may be sold for redevelopment into functional spaces that can provide homes to residents in need. 

Are You Involved in Real Estate Litigation? Get Legal Help Now 

If you’re interested in acquiring or developing a property and are facing opposition from residents or businesses in the area, it’s important that you have adequate legal representation throughout the process. Not only do you want to make sure that your best interests are protected, you also want to be confident that you’re abiding by all zoning and development laws. 

Without the help of an experienced real estate litigation attorney, you may lose more than just time and money. Your reputation is also at stake, so it’s critical that you act quickly and consistently. 

Feinstein Real Estate Litigation & Business Law Can Help 

At Feinstein Real Estate Litigation & Business Law, we have years of experience protecting the rights and interests of our clients in a wide variety of real estate and business litigation matters. We’re not afraid to settle out of court or go toe to toe in the courtroom; whatever your case needs for success, we’re ready to rise to the occasion. 

Contact our office today to schedule your consultation at 954-767-9662.

After two years of contentious real estate litigation, the last of four Palazzo Villa condos in Palm Beach was sold for $6 million. 219 Brazilian Ave. in Midtown now belongs to a Florida limited liability company called 219 Brazilian LLC. 

A Real Estate Lawsuit Dating Back to January 2018

In January 2018, Palm Beach couple Robert and Francine Green brought a lawsuit against four companies: three of them related to ARCA U.S. Holding Corp. and the fourth, Palazzo Villas of Palm Beach Development, Inc. 

The Greens alleged that Palazzo Villas breached their contract after the couple put down a $1.4 million deposit for the condo at 219 Brazilian Ave., listed for sale in May 2016 for $7.195 million. 

In the real estate lawsuit, the Greens stated that Palazzo Villas failed to deliver the condo as promised in the contract and additionally did not refund their deposit. 

Palazzo Villas denied the allegations and countersued the Greens. Litigation continued for two years until a settlement was finally reached. 

A Confidential Settlement 

In December 2020, the claim was resolved by Palm Beach County Circuit judge James L. Martz, with neither party the winner. 

The settlement itself remained confidential, however, both the Greens’ lawsuit and the countersuit against them by Palazzo Villas were dismissed and each party is responsible for their own legal expenses. It is unclear whether the Greens were reimbursed for their $1.4 million deposit. 

It also remains unknown if the Greens did end up being the purchasers of the property through a company called 219 Brazilian LLC. The condo was sold off-market at the end of December for just $6.05 million. 

Involved in Real Estate Litigation? Feinstein Law Can Help 

Real estate litigation can be complex and drag on for months or even years, like Green vs. Palazzo Villas. It’s crucial that you have an aggressive litigator on your side who is comfortable in the courtroom and can zealously represent your best interests. Regardless of which side of the case you are on, our team can provide you with the smart legal strategies you need for success. 

Feinstein Real Estate Litigation & Business Law has extensive experience advocating for our clients in court, even against the toughest and largest legal teams. We can help you resolve your lawsuit and increase the chances that the final court order is in your favor. 

Call now for a consultation at 954-767-9662.