Board-Certified In Construction Law By The Florida Bar
Few situations put a contractor in a more difficult position than continuing to mobilize crews and purchase materials when payments have stopped. The instinct to walk off the job until outstanding invoices are settled is understandable, but stopping work in Florida...
Construction projects do not always end when the last worker leaves the job site. Owners, contractors and subcontractors may disagree about when the project reaches a stage where key responsibilities change. In Florida, substantial completion is an important...
When a Florida construction project stalls because of billing or workmanship concerns, the contract may require the parties to resolve their disagreement through arbitration instead of court. Understanding the range of claims covered by that clause can help you...
A small mistake in a change order clause can lead to a costly dispute. Unclear contract terms often create confusion over work, payment, approvals and deadlines. When those issues cannot be resolved, arbitration may follow. Knowing where these clauses fall short and...
You have invested significantly in a construction project, and now you are facing a serious defect. Your instinct may be to pursue legal action immediately, but Florida law requires you to follow a specific process before you can file a lawsuit. Understanding that...
Many construction disputes revolve around patent defects. These are things that come to light relatively quickly, so they can cause an immediate dispute. This could be true even if the job is far from completion. A patent defect is something that a reasonable...
Issues over payments are one of the fastest ways a Florida construction project can slide into conflict. What starts as a simple disagreement over a pay application can quickly turn into liens, bond claims, work slowdowns and strained relationships between owners,...
Construction mediation and litigation are two ways to potentially resolve a dispute. Litigation generally means going to court and getting a ruling. This may be the only option that the parties feel they have if they are in a long-term dispute where no joint...
While every construction project should have a comprehensive set of plans before any work starts, sometimes there is a need to deviate from the original plan. Let’s use two examples that could occur when building a house: Example one: An owner realizes the living room...
Effective communication is critical for the prevention of construction-related lawsuits. Clarifying client expectations can prevent defect litigation that can be costly to a construction business. Establishing a realistic project timeline can also limit the likelihood...