Florida Construction Law Attorneys

Construction contracts outline the obligations and risks that each party agrees to assume. Although standard construction contracts have been published by the American Institute of Architects and other trade organizations, using a standard construction contract alone does not eliminate the risk that a contract dispute will arise.

A construction dispute can arise in a variety of ways due to the nature of construction projects. A few of the most common construction disputes we handle are errors and omissions, delays, differing site conditions, failure to comply with the terms of the construction contract, and the inadequate or deficient quality of materials, and breach of an express or written warranty claims.

Payment disputes involving construction projects may be caused by a variety of factors. Many payment disputes revolve around contracts, whether one party misunderstood the terms before signing or the other party failed to comply with the terms of the arrangement. Disputes over back charges and change orders are also a major concern for many owners and contractors alike.

The proper handling of a payment dispute is crucial, especially since these disputes can lead to litigation. In some cases, people can avoid litigation by engaging in informal settlement discussions or through pre-suit mediation, but in other cases, the issue must be resolved in court. Consult one of our Florida Construction law attorneys to understand your legal options.

Construction defects may result from faulty workmanship, insufficient design, and from material deficiencies. For instance, roofing defects are quite common in Florida. We assist community associations, owners, developers, contractors, subcontractors, and designers in identifying and solving potential defects, and in efficiently and effectively resolving claims through arbitration, mediation, and trial.

In the event of a decrease in the value of your home, condominium, or other property due to a defect in design or workmanship, our attorneys have access to a network of independent experts who can help you prove it so that you receive the compensation you need.

In Florida, those who perform work on your property or furnish materials and services but are not paid in full can seek to enforce their claim for payment against your property under the Construction Lien Law (Section 713.001-713.37, Florida Statutes).

Contractors, subcontractors, design professionals, suppliers, and other lienors may look to your property if they are not paid. This is true even if you have already paid your contractor. A lien may also be placed on your property if you fail to pay your contractor.

In the event a lien is filed, your property may be sold against your will to pay for labor, materials, or other services that your contractor may not have paid. We represent associations and owners seeking to foreclose on or defend against construction liens.

According to a recent article, over 9.5 million people in Florida live in HOA Communities. The Florida Condominium Act was adopted in 1976. However, it was not until 1992 that Florida adopted laws and statutes to regulate HOAs.

Although the statutes that regulate condominium associations and HOAs, Chapters 718 and 720 of the Florida Statutes, contain numerous similarities, there are significant differences.

Importantly, Chapter 718, Florida Statutes, imposes certain implied warranties of fitness and merchantability on developers, contractors, subcontractors, and suppliers. The warranties are complex. Please call us today if you think you have a warranty claim, and would like to schedule a free consultation.

A construction project may be covered by a variety of different types of insurance policies and bonds. Three common types of liability insurance policies are:

1. A comprehensive general liability policy (CGL)
2. An architect’s or engineer’s professional liability policy
3. A policy covering a specific project, such as a wraparound policy or an owner-controlled insurance policy (OCIP).

A majority of Herman & Wells’ cases are devoted to the construction defect, insurance defense, and insurance coverage fields.

As a defendant, you’ve probably already received one of these. As a result, our lawyers would investigate the allegations against you and draft any necessary responses to defend you.

“An ounce of prevention is worth a pound of cure.” Bringing in a construction lawyer early on can help keep a dispute under control. A construction lawyer might prove helpful in common causes for construction litigation like project delays, contract errors, quality of work, and nonpayment.

The following are examples of when someone may want to contact a construction law attorney in Florida:

If you are considering taking legal action following a contract dispute or after discovering a significant construction defect, you should consult with a construction litigation lawyer. While most construction law firms typically charge an hourly rate, Herman & Wells is able to work with clients on a flat fee, contingency fee, deferred fee basis.

During times when payments aren’t being received, construction businesses have several tools at their disposal. An experienced construction lawyer will be able to help you decide which ones are most appropriate, most feasible, and most cost effective.

After a construction site accident, both the injured worker and their employer will need the services of a construction lawyer. Worker’s compensation claims and injury claims can become very complicated. With the assistance of a lawyer, things can be kept on track and hopefully out of court.

The most common cause of construction litigation is claims of defective construction. Our attorneys have handled construction defect cases from the pre-suit, Chapter 558 claim process, through litigation.

Is there a clause in the contract that you wish to exercise, such as a termination clause? Taking action like ending a contract or escalating an amount of money might be permitted by a contract, but proceeding without due caution could turn into a liability situation. Getting legal advice before you exercise contractual options will help you avoid some pitfalls. A construction lawyer’s guidance is invaluable before the agreement is signed or before any action is taken.

Trials in litigation are legally binding and enforceable. These are the most thorough, complicated, and expensive dispute resolution procedures. Due to its long timeline, most parties opt for other dispute resolution procedures instead.

One of the biggest mistakes you can make in construction is to rely on an oral agreement. Make sure everything is written down. Among the records that should be kept are notices, letters, emails, photos, and diaries. A construction project is expensive, and if you don’t put everything in writing, you might lose a lot of money. Keeping records ensures that there are no doubts about who agreed to what.

These include disputes regarding payments, performance, insurance, compliance, professional conduct, etc. A Florida construction litigation process will look like the following steps:

Your construction litigation attorney collects evidence through a case investigation. This is the first step in any lawsuit, whether it’s related to construction or not, because you have to determine if there’s enough evidence to proceed. Your construction litigation lawyer could waste thousands of dollars on court and attorney fees pursuing a case that has no chance of success if they don’t begin your case with this step or gather evidence poorly for you.

Your Florida construction litigation attorney will prepare a summons and complaint to formally initiate the lawsuit. Upon drafting documents, the defendant will be served with them. You should immediately contact a reputable construction litigation attorney if you are the one receiving the summons and complaint. A lawyer can investigate the allegations made against you once you hire them. Furthermore, they can return a response to the plaintiff’s attorney.

In a lawsuit, discovery refers to the process of both parties sharing relevant information about the case. Documents such as contracts and blueprints are typically exchanged during discovery.

Nevertheless, other construction site material that may be relevant to the case can also be exchanged. You can also obtain this evidence through requests for production, requests for admission, depositions, and interrogatories from your construction litigation lawyer. Typically, these tactics are sufficient to get the evidence you’ll need. Depending on the circumstances, your attorney may ask the judge for a protective order or a motion to compel.

As a last resort, if in the course of discovery or after discovery your construction litigation counsel believes the evidence is so overwhelming that it is pointless to proceed to trial, they may request a summary judgment from the judge. A judge will take undisputed facts and apply applicable law to them if one party files this motion. In that case, the judge decides whether a settlement can be reached without going to court.

After discovery, you can reach a summary judgment in certain cases. If, however, this is not the case in your case, you will move into pre-trial. Your construction litigation attorney begins preparing for trial at this stage by consulting with experts, retaining witnesses, attending pre-trial conferences, and developing a trial strategy based on the facts and evidence gathered in the previous phases.

Each construction litigation lawyer makes a statement at the beginning of the trial. They then explain how their cases are stronger and how their opponents are weaker. In making these claims, the construction litigation attorney uses evidence, as with the entire trial process. Your construction litigation attorney will prepare and present the opening statement as well as develop persuasive arguments with testimony and evidence, draft and argue trial motions, and examine and cross-examine witnesses in addition to opening and closing statements. As outlined above, each of these actions is intended to show the judge or jury how strong your case is and what weaknesses your opponent’s case contains.

Settlements can occur at any stage of the litigation process. A settlement will be reached through negotiation, alternative dispute resolution, and a settlement conference. Common materials used during a settlement process include setting a case of settlement, both parties will conduct negotiations and alternative dispute resolution methods, given by the judge or jury.

If you lose your lawsuit, your attorney can appeal the verdict regardless of which side you’re on. After a construction litigation attorney drafts post-trial motions, identifies what issues to address on appeal, devises strategies for how to argue your case during the appeal trial, discovers new evidence to support your case, drafts new court documents, retries the case, and finally drafts new documents for the court.

A construction lawyer’s payment terms are the largest determinant of how much they charge. Your lawyer’s payment terms are outlined in your contract. Each lawyer has their own payment terms, which may differ significantly from one lawyer to the next. Many lawyers charge an hourly fee for their services. This payment is a method that construction companies are familiar with, and it also makes it easier to calculate how much the project will cost. An attorney can provide you with an estimate of the overall time it will take to handle your case based on similar cases they’ve handled before. Hourly payment terms have the downside of rising costs beyond what you expect.

Retainers are contracts that require a company to pay a lawyer regularly (usually monthly) to handle a specific amount of legal work. If a business expects to be involved in legal disputes frequently, it may consider a retainer. Another payment option is a flat rate. Legal work is sometimes done for a flat rate, meaning a single payment. The scope of work may be significantly reduced when working with a flat rate lawyer. For instance, a flat rate might cover only one legal action. Additional legal services outside the scope of the original contract would be paid separately.

Despite being uncommon in construction cases, other lawyers work on a contingency basis. This means they are only paid if they win your case. Our Construction litigation attorneys are able to offer contingency fee agreements for construction law cases.

Although law firms may have traditionally handled construction cases on an hourly fee basis, Herman & Wells may offer contingency fee and flat fee pricing. Please call us today to schedule a free consultation, and we will be happy to explain our the legal pricing options.