Malka & Kravitz, P.A. – Your Construction Law FirmFort Lauderdale Florida Construction Law Attorney | South Florida Corporate Mediation Lawyer2026-07-07T09:44:03Zhttps://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[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.]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[How flow-down clauses can impact your subcontract]]>https://www.mkpalaw.com/?p=481262026-05-05T15:31:11Z2026-05-05T15:31:11ZWhat flow-down clauses do
Most construction projects rely on a chain of contracts. The owner signs an agreement with the general contractor, and the general contractor hires subcontractors to perform defined portions of the work.
A flow-down clause connects your subcontract to that main agreement by making certain provisions from the owner’s contract apply to you.
You may feel comfortable with your subcontract’s schedule, scope and payment terms. The main contract, however, may set tighter deadlines, assign added responsibilities or require specific steps before a dispute can move forward. Those requirements can apply to you even when your subcontract does not spell them out.
Risks to watch before you sign
Flow-down clauses do not always create problems, but they can create risk when their scope is not clearly defined or fully understood. Some of the more common concerns include:
Tighter schedules than you expect: The main contract may set deadlines that leave less room to adjust your work
Responsibility beyond your scope: The language may assign liability beyond the work you agreed to perform
Higher insurance or defense obligations: You may need additional coverage or assume broader defense duties
Rules about how disputes must be handled: The contract may require a defined process before you can bring a claim
Financial exposure tied to delays: You may face costs or penalties if the project falls behind schedule
These issues often sit in the main contract, while your subcontract refers to them in a single line, which can create confusion once the project is underway.
How contractors can approach flow-down clauses
Even when you read your subcontract closely, it helps to consider how it refers to the main contract and how much of that agreement applies to your work, since that connection often defines the scope of your responsibilities.
When the language is broad, your responsibilities may depend on terms that do not appear in your subcontract, which can affect both how you price the job and how you respond if issues arise during the project.
Flow-down clauses do not always create problems, but they can expand your role beyond what you expect at the outset.
What to keep in mind before you sign
Many construction disputes begin with the contract, not the work itself. A flow-down clause can expand your role beyond what appears in your subcontract and tie you to terms you have not fully reviewed.
Before you sign, take a closer look at any language that refers to the main contract and confirm what it brings into your agreement, since that step can help you approach the project with a clearer understanding of your responsibilities and reduce the chance of unexpected issues once work begins.
]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[When a finished project goes unpaid]]>https://www.mkpalaw.com/?p=481252026-04-27T19:19:00Z2026-04-27T19:19:00ZFinishing a construction project should mark the end of months of coordination, labor and investment. Unfortunately, for many contractors and subcontractors, it may become the start of a different kind of challenge.
Payment delays at the final stage are more common and more damaging than most may expect. Even when the work is complete, the path to getting paid is not always straightforward.
When completion doesn’t mean compensation
Delays at the end of a construction project are more common than many may first expect. Sometimes, the issue is as simple as slow processing or internal approvals on the client’s side. In other cases, payment is being intentionally withheld due to disputes over the quality of work, missed deadlines or disagreements about the scope of the project.One common problem arises from unclear or incomplete contracts. If the agreement does not clearly define what “completion” looks like, it can leave room for interpretation. A property owner or general contractor may claim that certain items are unfinished or require correction, even if you believe the project fully meets the agreed terms.Another factor that often surprises contractors is retainage. This is the portion of payment that is intentionally withheld until the project is fully completed, and sometimes even beyond that point, until final inspections or approvals are secured. While retainage is a standard practice in construction, problems can arise when there is confusion about when it must be released or what conditions must be satisfied before the payment is made.Even when the situation feels straightforward, it is often tied to legal and contractual nuances that may not be immediately obvious. If you have completed your work and are still waiting to be paid, it may be worth having an experienced legal professional review your contract and the details of the situation. Getting clarity on your rights and options can help you move forward with more confidence and avoid similar problems on future projects.]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[Can you be liable for an uninsured subcontractor? ]]>https://www.mkpalaw.com/?p=481242026-04-09T17:13:13Z2026-04-09T17:13:13ZYou bring on a subcontractor, the job kicks off, someone gets hurt or property gets damaged, and then you find out the subcontractor had no insurance. This scenario plays out more often than contractors realize, and you may end up holding the bag if you’re not careful.
As the general contractor, Florida law doesn’t automatically let you off the hook just because the person doing the work wasn’t your direct employee. This means that you could be held liable for damages resulting from an uninsured subcontractor’s negligence.You could be responsible for repair costs, medical bills or even legal fees and penalties for regulatory non-compliance. Beyond the immediate financial exposure, such situations can slow down projects, strain client relationships and jeopardize future contracts.
The importance of due diligence
Before engaging any subcontractor, take a step back and ascertain that they tick all the boxes. Don’t assume that their word or past work is enough. Verify their insurance coverage throughout, request official certificates and check that the coverage limits are sufficient for the scope of work. Don’t forget to confirm that the policies are active and applicable to the type of project you’re running.Properly vetting subcontractors and conducting due diligence before breaking ground is essential to protecting your business interests and avoiding unnecessary setbacks during your construction project.
Take proactive steps to protect yourself
In addition to verifying insurance, a well-crafted subcontractor agreement can also go a long way in protecting your business from unexpected liability. Make sure these agreements require subcontractors to have proper insurance and clearly outline that they are responsible for any damage or claims caused by their work. Be very specific to avoid ambiguity and regularly review such agreements to ensure they are up to date.Reaching out for professional legal guidance is equally essential. It can help ensure your risk management practices align with industry standards and anticipate potential pitfalls before they become costly problems.
]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[What is a mechanic’s lien? ]]>https://www.mkpalaw.com/?p=481142026-03-24T13:35:19Z2026-03-24T13:35:19ZConstruction projects rely on trust, timing and a steady cash flow to keep everything moving forward. When payments stall or disputes arise, that balance can quickly break down.
For contractors and suppliers, unpaid work isn’t just frustrating; it can threaten the stability of an entire business. That’s where certain legal protections come into play.
How mechanic's liens work during payment disputes
A mechanic’s lien or construction lien is a legal claim placed on a property by someone who has provided labor or materials but hasn’t been paid. It ties the unpaid debt directly to the property itself, which can make it much harder for the owner to sell or refinance until the issue is resolved. This creates strong leverage for contractors and suppliers who might otherwise struggle to collect what they’re owed.To use a mechanic’s lien effectively, timing and accuracy are critical. Most states require strict deadlines for sending notices, filing the lien and taking further legal action if necessary. In Florida, the rules are especially strict and move quickly. If you’re a subcontractor or supplier, you usually need to send a notice to owner within 45 days of starting work or delivering materials; if you miss that window, you typically lose your right to file a lien altogether. From there, you have 90 days from the last day you provided work or materials to record the lien with the clerk of court in the county where the property is located. Missing a deadline or filing incorrect information can invalidate the lien entirely, so careful attention to detail is essential from the start.Not everyone on a project has the same lien rights, and the process can vary depending on your role. General contractors, subcontractors and material suppliers may all have different notice requirements and filing procedures. Understanding where you stand, and acting quickly when payment issues arise, can make the difference between securing payment and losing that opportunity.When a payment dispute begins to affect your work or business, it’s worth getting guidance early. A knowledgeable legal professional can help you protect your rights, avoid costly mistakes and take the right steps to recover what you’ve earned.]]>On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm<![CDATA[Who is responsible for a construction defect?]]>https://www.mkpalaw.com/?p=481012026-02-19T16:30:54Z2026-02-19T16:30:54ZConstruction defects can happen during new construction, renovations, and both commercial and residential projects. They often lead to litigation, as there may be a substantial amount of money on the line.
During this process, parties may debate who is actually responsible for the defect. Even if it is clear that there is an issue with the property, who is liable for that mistake and therefore responsible for paying any compensation?
General contractors
In some cases, general contractors hold responsibility. They are supposed to be overseeing the project, so mistakes made on their watch may fall under their responsibility.In other cases, liability may fall on subcontractors. Perhaps a subcontractor made a mistake or did not perform work within the scope of their contract. However, it is worth noting that general contractors are sometimes held responsible for the mistakes that their subcontractors make, so this is not always black and white. Even if a subcontractor caused the defect, the general contractor may be the one who is ultimately liable.
Outside entities
Moreover, there are entities outside of the daily work on the project who could be responsible. Maybe there are defects in the parts and materials being used on the project, so it is the material supplier who made the mistake.Another example could be if there is an architectural defect. The work was done correctly by the general contractor and the subcontractors, but the architect created a significant property defect during the planning and design stages.
Addressing complex litigation
This helps to demonstrate how complicated it can be to determine what should happen when a construction defect is identified. As contractors, architects and material suppliers go through the litigation process, it is important for them to understand exactly what legal options they have.]]>