Tel (754) 800-9550 | info@robtannerlaw.com
Admitted in Florida, the District of Columbia, and Maryland
Tel (754) 800-9550 | info@robtannerlaw.com
Admitted in Florida, the District of Columbia, and Maryland

Construction Litigation

Construction litigation often presents a number of legal challenges and potential pitfalls for property owners, design professionals, contractors and subcontractors, and material suppliers.  We navigate those challenges and pitfalls to obtain the best resolution for our clients. 

Construction litigation often includes:

  • Construction defect suits
    • Latent defects
    • Florida Statute, section 558 notice of defect procedures
    • Breach of contract
    • Breach of implied and express warranty
    • Violation of building code
    • Performance bond litigation
    • Insurance coverage, including wrap insurance (OCIP, CCIP)
    • Poor workmanship
  • Payment Suits
    • Breach of contract
    • Construction liens
    • Private payment bonds, including 713.23 bonds, 713.24 lien transfer bonds, and 713.245 conditional payment bonds
    • Public payment bonds, including 255.05 and federal Miller Act bonds
    • Contractor refusal to perform until further payment is made, even when payment is not due
    • Customer refusal to pay when payment is due
    • Failure to pay material supplier
    • Subcontractors and suppliers demanding payment even though owner already paid the contractor
    • Improper termination of contract
    • Tenant buildout issues
    • Change order issues
    • Claims for retainage
    • Lender liability
  • Design suits
    • Owner’s suit against design professional
    • Owner’s liability for design professional’s failures
    • Contractor’s claims for design professional’s failures
    • Contractor and subcontractor liability for shop drawings
  • Delay, Disruption, Acceleration, Differing Site Conditions, Loss of Productivity
    • Sequencing problems
    • Stacking trades
    • Preventing reasonable access to the work
    • Interference with orderly progression of the work
    • Failing to timely furnish information needed to advance the work
    • Failing to furnish adequate onsite storage
    • Failure to disclose known but difficult to discover site conditions
  • Tort actions
    • Negligent construction causing property damage or bodily injury
    • Negligent misrepresentation, fraud
    • Construction site injury suits

Often in construction litigation, the person who initiates the lawsuit also becomes a defendant.  For example, the contractor who files suit for payment may be counter-sued by the owner that claims defective work and delay damages.  Consideration of the various possibilities and their outcomes is important to good decision making.

Robert S. Tanner is Board Certified in Construction Law by the Florida Bar. He draws on more than 15 years of experience and his commitment to utilize the law to his clients’ full advantage. Call the Law Office of Robert S. Tanner at 754-800-9550 to protect your legal rights.