Malka & Kravitz, P.A. – Your Construction Law FirmFort Lauderdale Florida Construction Law Attorney | South Florida Corporate Mediation Lawyer2026-08-21T19:07:42Zhttps://www.mkpalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603378/2021/06/cropped-malika-kravitz-site-icon-32x32.pngOn Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[Can a contractor safely stop work for non-payment in Florida?]]>https://www.mkpalaw.com/?p=481722026-08-21T19:07:42Z2026-08-21T19:07:42ZThe risk of stopping work without legal justification
Under Florida law, leaving a construction site without proper justification can be classified as a material breach of contract or wrongful abandonment. If a court or arbitrator finds the work stoppage was improper, the property owner or general contractor may be entitled to terminate the contractor for cause, make a claim against the performance bond to complete the work, backcharge the original contractor for the higher cost of replacement trades, or file a formal complaint against the contractor's license with the Florida Construction Industry Licensing Board.
Determining whether non-payment justifies stopping work
To legally justify suspending operations, the non-payment must generally constitute a material breach of the contract rather than a minor or technical delay. Florida courts consider several factors:
Whether the construction agreement includes an explicit right-to-stop-work clause specifying how many days a payment must be past due before suspension is permitted
Whether the contractor properly submitted all required pay applications, lien waivers, and supporting documentation under the contract schedule
Whether the withheld funds relate to a legitimate, documented dispute over defective work or delays, or whether undisputed progress payments are simply being retained
Understanding these distinctions before stopping work is important to protecting your legal position.
Steps to safely suspend work in Florida
If non-payment does constitute a material breach, contractors must handle the situation with documented legal compliance:
Review contractual notice provisions: standard AIA contracts allow a contractor to stop work if payment is not received within 7 days after the date it is due, following proper written notice to the owner
Document performance and default: compile records confirming that all work associated with the unpaid invoices was completed according to project plans and approved by inspectors or architects
Preserve Florida construction lien rights: In the state, a Claim of Lien must be recorded within 90 days of the last day labor, services, or materials were furnished to the site; suspending work does not pause this deadline
Issue formal suspension notices: if the cure period expires without payment, serve a written Notice of Suspension confirming that operations are halted due to the payment default
Each of these steps creates a paper trail that supports enforcement of your payment rights and protects against counterclaims.
Before you walk off the job
Payment disputes in construction carry significant legal risk on both sides. If non-payment is threatening your cash flow on a Florida project, a construction law attorney in Florida can help you evaluate your contractual rights, serve proper notices, and protect your lien position before taking any action that could be used against you.]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[What is substantial completion in a Florida construction project?]]>https://www.mkpalaw.com/?p=481712026-08-11T07:10:37Z2026-08-11T07:10:17ZConstruction 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 contractual milestone that can affect payment, warranties and project closeout.
What substantial completion means
Substantial completion occurs when a project is ready for its intended use, even if a few minor items still need attention. For example, paint touchups, small repairs or punch list work may remain. Even so, the owner can use the building for its planned purpose.Most construction contracts define substantial completion. The contract usually explains how the parties will decide when the project reaches this stage. A clear definition can help reduce future disputes. This milestone also affects several important parts of the project.
Why substantial completion matters
Substantial completion often changes the rights and duties of the parties. Under Florida law, the contract and the facts of the project usually determine what happens after this milestone.It can affect:
The owner's right to use the property
The timing of final payment or retainage
The start of warranty periods, as provided by the contract or applicable Florida law
Responsibility for maintaining the property
Completion of remaining punch list items
These issues often arise at the same time. Careful documentation and communication can help reduce the risk of disputes during project closeout.
Reducing disputes
Disagreements can occur if the parties do not agree on when this milestone has been reached. Clear contract terms, regular inspections and written records of unfinished work can reduce that risk. Under Florida law, the construction contract often sets the process for resolving such disagreements and keeping the project closeout process on track.]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[What issues can construction arbitration resolve?]]>https://www.mkpalaw.com/?p=481702026-07-28T17:44:47Z2026-07-28T17:44:47ZContracts and payments
Payment disputes often involve outstanding invoices, contested change orders or withheld retainage. A broad arbitration clause may also cover claims that a contractor abandoned the project or exceeded the agreed scope.
The agreement affects who must participate, not just which cases go to arbitration. It usually binds those who signed it, but certain contract rules can also apply to others involved in the project.
Delays and disruptions
When a project misses a key deadline, the parties may offer different explanations for the setback. An arbitrator can review the schedule, daily reports and other records for evidence of work stoppages, site-access problems, coordination failures or other interference.
If several events contributed to the delay, the evidence can show how much responsibility each participant bears. Depending on the contract, an award may include compensation for lost productivity when crews work out of sequence, along with overhead that continues while the job remains unfinished.
Defects and warranties
Defect claims may involve poor workmanship, unsuitable materials or design errors by an architect or engineer. The resulting problems can range from water intrusion to structural damage.
Even when a warranty calls for repairs, the arbitrator may still need to decide what caused the problem and who is responsible under the contract. An indemnity clause can require another participant to cover some of that expense, while any insurance payment depends on the terms of the policy.
Limits and enforcement
Arbitration does not replace every court action that a dispute may need. For example, enforcing a construction lien requires a lawsuit, and many defect disputes must follow notice and repair rules before arbitration begins.
Either side can ask a court to confirm an award, which turns it into an enforceable judgment. A motion to vacate generally must be filed within 90 days after notice. It must also rely on a narrow statutory ground, such as evident partiality or an arbitrator who exceeded the authority granted by the agreement.]]>by Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[How change order clauses help prevent construction arbitration]]>https://www.mkpalaw.com/?p=481682026-07-22T12:54:07Z2026-07-22T12:54:07ZWeak change order clauses can lead to costly construction arbitration
A weak change order clause can turn a small project change into a major dispute. Clear contract terms help avoid confusion, support fair payment and lower the chance of arbitration.
Common problems include:
Unclear scope: Vague wording makes it hard to know whether work is part of the original contract or an approved change. This often leads to payment disputes.
Approval rules that do not reflect job-site practice: Many projects move forward on verbal instructions even when the contract requires written approval. If the parties disagree later, arbitration may be needed to settle the issue.
Weak notice requirements: Unclear deadlines or notice procedures can cause valid requests for extra time or payment to be denied.
No clear pricing method: Without a set process to value extra work, disagreements over costs can quickly grow.
These problems often lead to delays, higher costs and different views of the contract. When negotiations cannot resolve the dispute, arbitration may become the only option. An experienced attorney can review change order clauses, explain legal responsibilities and help resolve disputes before they become costly arbitration cases.
The best way to prevent change order disputes before they start
A clear change order clause can prevent many construction disputes before they begin. Working with a Florida construction attorney early can help create a stronger contract and lower the risk of arbitration.
A Florida construction attorney can help by:
Writing clear change order terms: Define what counts as a change order, who can approve it and how it affects the project's cost, schedule and scope.
Keeping every change on record: Require written approvals, timely notice and complete records to reduce confusion and support future claims.
Creating a clear contract process: Set simple rules for pricing, approvals and documentation so disputes are less likely to arise.
Adding steps to resolve disputes early: Include negotiation or mediation before arbitration to encourage faster and more cost-effective solutions.
A Florida attorney can also review the contract, identify unclear language and strengthen change order clauses to help prevent expensive arbitration and protect the interests of everyone involved. A lawyer can also represent you if arbitration is unavoidable.
Protect future projects
Construction conflicts can create problems that last long after a project ends. Arbitration can take time, money and focus away from future opportunities. A forward-thinking approach to managing risk can help protect long-term success and keep future projects on a stronger path.]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[Florida’s Chapter 558: What it means for construction defects]]>https://www.mkpalaw.com/?p=481672026-07-22T00:51:42Z2026-07-22T00:51:42ZChapter 558 is the required first step before you can sue
Chapter 558 of the Florida Statutes requires you to serve formal written notice on the contractor, subcontractor, material supplier or design professional responsible for the defect before you can file a lawsuit.
The law applies to both residential and commercial projects and covers defects arising from design, construction, materials, workmanship and code violations. Skipping this step can cause a court to stay your case, adding delay and cost even when your claim is valid.
Your notice must be specific, timely and properly served
Your notice needs to clearly describe each defect, pinpoint where it appears on the project and set out any damage or losses you are aware of. A vague description may weaken your position before the dispute even begins.
Timing is equally critical. For most claims, you must serve the notice at least 60 days before filing suit, though larger association claims involving more than 20 units may require up to 120 days. The notice must also be served through a method that provides legal proof of delivery, such as certified mail with return receipt requested.
What happens after you serve the notice
Once you serve the notice, the contractor has 30 days to inspect the alleged defects and 45 days to respond. The response may offer to repair, offer monetary compensation, deny liability or some combination. You are not required to accept any offer made.
If the response is inadequate or the contractor fails to respond, you retain the right to proceed with legal action once the statutory period has run.
When Chapter 558 does not apply and what comes next
Chapter 558 does not apply if you and the contractor agreed in writing to opt out, if emergency repairs are needed to protect health or safety, or if your claim is purely monetary rather than defect-related. When it does apply, a well-drafted notice creates a formal record and strengthens your position if the dispute moves to litigation.
Working with a Florida construction law attorney from the outset can help ensure your notice is compliant and that you meet every deadline.
]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[A patent defect claim can lead to an immediate dispute]]>https://www.mkpalaw.com/?p=481602026-06-30T09:15:07Z2026-06-30T09:15:07ZMany 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 inspection will expose, and it will quickly become apparent to the property owner. For instance, a construction company could be hired to build a home, but the property owner may claim that the plans were not followed correctly or the right materials were not used. It does not always have to be a defect that affects the property’s functionality, like electrical systems that do not work correctly, but could simply mean that the way the project is coming together does not match what the property owner believed they were paying for.
The importance of clear communication
With these types of issues, communication is the key. In some cases, a property owner may believe there is a defect, but the real issue is that there has just been a miscommunication between the two parties. Maybe the owner had a different set of materials in mind, but they never specified that or updated the plans. The construction company actually followed those plans to the letter, but the homeowner is still unhappy with the end result.This is something that can often happen when the plans change during the project. Some people are relatively hands-off, but others want to make changes and alterations along the way. It is important to get all of these details in writing, update the documentation and keep records of email messages and other communications.Even when a dispute arises, this type of evidence can help support the construction company's case, especially if the company denies liability for any issues or alleged defects. During these disputes, the parties involved need to know exactly what legal options they have.]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[Payment disputes can escalate quickly on construction projects]]>https://www.mkpalaw.com/?p=481592026-06-17T16:44:36Z2026-06-17T16:44:36ZIssues 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, contractors and subcontractors.
Florida’s strict payment and lien laws add pressure to resolve disputes quickly, as when they aren’t resolved, matters escalate. Below are some of the most common reasons payment disputes intensify so fast on Florida projects.
Confusion over pay‑when‑paid vs. pay‑if‑paid clauses
On a build, Florida subcontractors often rely on timely payment from the general contractor, who in turn relies on payment from the owner. But the contract language matters a great deal because:
Pay‑when‑paid generally delays payment but doesn’t eliminate it.
Pay‑if‑paid can make payment contingent on the owner actually paying — a much harsher outcome.
When parties misunderstand these clauses, disputes can erupt quickly.
Incomplete or incorrect payment applications
Pay apps are undoubtedly convenient and ubiquitous in the marketplace. However, owners and contractors frequently reject pay apps because of the lack of backup documentation. It makes it more challenging to dispute percentage completed calculations and creates openings for unapproved change order costs or billing for work outside of the contract scope.Attempting to use these apps can cause payments to be rejected, thus increasing financial pressure down the chain.
Florida’s strict lien deadlines raise the stakes
Florida’s lien laws are unforgiving. If payment stalls, subcontractors and suppliers must act fast to protect their rights. They must serve the owner with a notice within 45 days and record their claims of lien within 90 days. Also, the lien must be enforced within a year.Because these deadlines are tight, even a minor payment dispute can quickly turn into a lien filing.
Get the best outcome possible
Payment disputes don’t resolve themselves. A contract review may help you evaluate lien rights and negotiate a solution before the dispute becomes a full‑scale legal battle.]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[When can mediation help with construction disputes?]]>https://www.mkpalaw.com/?p=481342026-06-05T00:23:20Z2026-06-05T00:23:20ZKeeping the job on track
One of the main benefits of mediation is that it is often faster than litigation. With a court case, it depends on the availability of the court, and there could be numerous steps that need to be taken, including filing paperwork, scheduling hearings, presenting arguments and much more. It could take months before there is an actual resolution to the dispute. But with mediation, which is often faster and less expensive, both parties can work together to keep the job on schedule.
For instance, perhaps there is a dispute between a contractor and a subcontractor or a parts and materials supplier. It is in the best interests of all of these parties to keep the project moving forward so that they can stay within the client's schedule and receive compensation for completing that project. In this sense, mediation may be beneficial because all parties are working toward the same end goal, even if they have to resolve a dispute to get there.
Every situation is unique, of course, but this is why it is beneficial to know exactly what legal options you have when facing a construction dispute. It can help to work with an experienced law firm accordingly.]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[The pitfall of flexibility in construction projects]]>https://www.mkpalaw.com/?p=481292026-05-22T21:16:17Z2026-05-22T21:16:17ZExample one: An owner realizes the living room would benefit from a few more lighting fixtures and tells the workmen doing the installation to add them in.
Example two: A contractor encounters an issue not of their own making and must then spend extra time resolving it before they can continue.
Both are examples of scope creep. Extra work has occurred over and above what was originally agreed on, and that will have a cost in time and perhaps materials.
Changes require negotiation and documenting
If these extras are not discussed at the time they crop up, problems may arise when it comes time for billing. A homeowner may balk at why the bill is higher than they originally agreed to pay.
They might argue that the electrician was already there doing the wiring anyway, so it seems unfair to charge them so much extra to add a few more fittings. They might not realize that those extra fittings required the electrician to redo some of their work to accommodate the changes. Maybe the painters needed to be called back out to touch up the paintwork that got disrupted when installing those new fixtures.
In the second example, the client might argue that the general contractor should have foreseen the issues that caused the extra work back when they first quoted or built some allowance into their price to cover unforeseen issues.
Communication is key in any construction project, as misunderstandings can be stressful and potentially expensive. Having someone experienced in construction law create or review your contracts will reduce the chance that you need their help to resolve disputes over scope creep or other issues later.]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[Proactive communication can deter construction delay claims]]>https://www.mkpalaw.com/?p=481272026-05-11T03:25:50Z2026-05-11T03:25:50ZContracts can temper expectations
Quoting a specific timeline while pitching to a prospective client is one thing, but committing to a strict timeline in a contract is another matter entirely. Construction companies often need to include language clarifying that delays may arise and limiting the business's liability when delays are outside of their control. Contracts can also establish guidelines for how the business should communicate about the delay with the property owner.
Written notice may limit client frustration
If those overseeing construction projects communicate immediately when there are indicators of a delay on the horizon, they can potentially help their clients minimize the losses they sustain by allowing them to plan for a longer overall timeline. Providing written notice that explains the reason for the delay and the estimated impact the delay may have can allow the client to address the changing timeline as soon as possible.
Appropriate contract terms and thorough project oversight can reduce the risk of litigation triggered by construction delays. Working with an attorney when drafting construction contracts, reviewing existing agreements or responding to a demand from a client can help mitigate the financial exposure of the construction business.]]>