South Florida Construction Law Attorney
Construction LitigationWe navigate the challenges and pitfalls to obtain the best resolution for our clients.
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
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
Payment Suits
- Breach of contract
- Construction liens
- Breach of contract
- 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
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