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.

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.

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.

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