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.

For background on how defects differ from design errors, see construction defects and design negligence in Florida.

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 30 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 30+ 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

• 30+ 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

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.

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.

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. 

When you hire a company to design and build property, you expect that the finished result will be free of defects and design flaws that can impede your ability to use the building for the purposes for which it was designed. 

If this doesn’t happen, it can leave you frustrated, concerned, and unsure of what you can do to resolve the situation to ensure your investment is protected. 

Here’s what you should know about construction and design defects and how contractor negligence can be handled through litigation. 

Construction Defects Defined 

Construction defects are defects in the structure of a residential or commercial building due to errors that occurred during the building and development process. 

For example, if a contractor installed a door incorrectly that prevents you from using part of the building or poses a hazard, this is considered a construction defect. 

When Design Negligence Is the Root of the Problem 

Design defects, or design negligence, are often included under the umbrella of construction defects. These are issues with the actual design of the building rather than the execution of its development. 

For example, a designer may be held responsible for roof repair or replacement if its design prevented it from adequately protecting the building even when installed incorrectly. 

Can You Benefit From Construction Litigation? 

The American legal system provides remedies for purchasers that have suffered damages or losses as a result of a construction or design defect. You may be able to bring a lawsuit against the designer, developer, or builder of your property for financial compensation. 

If you are unable to reach an agreement with the designer or developer of your property to repair the defect(s) and compensate you for the losses you may have incurred as a result, litigation may be a viable option. 

During real estate litigation, you will bring your claim forward for a judge to determine if the defect caused you to suffer damages and if so, how the defendant should make reparations for that. 
If you are ready to take action, see our guide on how to sue a contractor for defective work in Florida, or learn more about our construction litigation representation.

Contact Feinstein Real Estate Litigation & Business Law Today 

At Feinstein Real Estate Litigation & Business Law, we have the experience and skills to provide you with zealous and aggressive representation in the courtroom. We’re seasoned litigators and can help ensure your best interests are represented throughout the dispute process. 

Contact us today to learn more about filing a construction defect or design negligence lawsuit or to schedule a consultation at 954-767-9662.

Hiring companies to perform certain duties or to complete projects is common. Often, contracts are drawn up that detail the terms of the business relationship, and agreements are made. Of course, not everyone abides by those terms, and not everyone chooses to act in an upstanding manner. As a result, when a company is not paid as agreed, construction litigation can result.

Florida readers may be interested in a lawsuit recently filed in another state. According to reports, a construction company was hired to perform work on a county law center. The owner of the construction company filed the lawsuit claiming that the construction manager on the project and the board of supervisors withheld money paid by the county that was supposed to go to the construction company.

The construction company owner indicated that the company is owed over $600,000. As part of the initial agreement for the project, the parties agreed that the money would be paid by the county to the construction management company, which would then distribute the appropriate funds to the contractors and subcontractors working on the project. The suit also stated that the construction company was asked to perform additional work and that poor management of the project resulted in the company facing substantial costs.

Not receiving proper compensation for a construction project is certainly frustrating, but it can also mean that a company loses funds needed to pay for supplies, labor and operational costs. As this case shows, some parties may need to take legal action in order to ensure that they receive the payment owed to them. Florida company owners facing this type of ordeal may wish to look into their construction litigation options.

Winning a bid for a renovation or a new build here in the Miami area can be exciting. The prospect of building or maintaining the company’s reputation and working hard to make a profit could give owners a new reason to look forward to the workday. That is, until it comes time for a payment that does not come. Some contractors may be tempted to stop work until payment is made, but doing so wrongfully could end up leading to construction litigation.

In order to help ensure that does not happen, Miami contractors may want to include a provision in their construction contracts, addressing non-payment. Other than having the ability to file mechanic’s or construction liens, companies may also want to have the option of stopping work when they do not receive scheduled payments. If such terms are not included in the contract, or even if they are, using this option could prove problematic.

Contractors must proceed with caution when using a work stoppage when payments are not forthcoming. First, if the requirements outlined in the contract are not followed, it could constitute a breach of contract. Second, it may work best to start off by documenting the situation and the efforts made to receive payment, such as phone calls, emails, demand letters and more. These types of efforts may be worthwhile before stopping work in order to make sure there is a paper trail that justifies it.

Any company wanting to add this type of collection option to its construction contracts or contemplating stopping work would definitely benefit from discussing the situation with an experienced attorney first. A contractor may consider this a simple collection method, but in reality, it is part of the steps that could lead to construction litigation. It would obviously be better to be on the right side of a work stoppage, so understanding the pros, cons and risks of such a move beforehand could save on time, money and effort in the end.

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.