Experienced Construction Law Counsel In South Florida

The construction industry is booming; however, disputes may arise during the construction process that can delay completion, which ultimately increases your costs, negatively affects your profits and harms your business’s reputation.

The Law Offices of Geoffrey D. Ittleman represents contractors, subcontractors, suppliers, materialmen and owners on both residential and commercial construction-related matters. Our Fort Lauderdale construction dispute attorney will review your case and attempt to resolve any disputes you have over construction liens, breach of contract, malpractice or fraud. Our firm knows that disputes are costly, and we will remain conscious of your litigation costs.

Construction Contract Disputes

The foundation of all construction projects is a contract. Every construction project involves agreements with engineers, architects, plumbers, electricians, suppliers, excavators and tradespeople. If one of these parties breaches their contract, it can delay the entire project. Our Fort Lauderdale construction dispute attorney will work to hold the violating parties accountable and to the agreement, pursuing all available remedies, including specific performance and monetary damages and injunctive relief.

If you have a valid reason for breaking a contract, we can present certain defenses, which may include unenforceability of terms, another party’s nonperformance, statutory prohibitions or force majeure.

Construction Lien Protection

Construction liens attach to a piece of real property as a way to guarantee that you receive payment for your work. The lien is only released when the debtor pays the outstanding amount that is owed to you. If, however, the debtor sells the property, this lien must be satisfied and paid before the deed will transfer to a new owner.

Most construction projects have contractors that hire subcontractors, which can complicate labor and material payments. Under Florida law, subcontractors are required to give notice of liens to help prevent property owners from paying for the same items and services twice; this also extends further protection to the workers and businesses that are involved in the construction project.

Handling Construction Defect Claims

Construction defects decrease the value of the building, as well as the health, enjoyment and safety of the building’s occupants. Many construction defects are problems that remain hidden until a hurricane, inclement weather or simply time erodes the property and highlights these problems. Common construction defects include:

• Foundation or concrete cracks
• Roof and window leaks
• Electrical, plumbing or mechanical issues
• Not built to hurricane standards
• Structural problems
• Using inferior materials
• Mold spores and moisture retention
• Building on volatile land or sinkholes
• Deterioration of the ground or uneven grade

If a commercial property owner or a homeowner discovers construction defects during or after construction, they may have relief to help cover these expenses.

Malpractice And Fraud

Many construction issues may arise from negligence or incompetence. Still, serious defects may qualify as construction fraud if the contractor knew about the problem and knowingly attempted to cover it up. Additional remedies may be available if fraudulent actions are proven.

If a professional, such as an architect, engineer, insurance company or real estate broker, did not uphold their field’s proper standard of practice, you might commence a malpractice claim against them.

Frequently Asked Questions About Construction Disputes In South Florida

Most construction disputes share common triggers, such as delayed payments, defective work, scope disagreements or contract breaches. However, each situation unfolds differently depending on the parties involved and the specific agreements in place. Here are the answers to the concerns we hear most often when projects go off track.

What can I do if I am a contractor or subcontractor who has not been paid?

If you have not received payment for your work, you have several ways to collect what you are owed. These include:

• Sending a written payment demand: Formally request payment in writing. This creates a paper trail and gives the other party a chance to pay before you take any legal action.
• Filing a construction lien: You can place a mechanic’s lien on the property where you worked. This attaches to the owner’s legal interest in that property and prevents the owner from selling or refinancing until your claim is resolved.
• Making a bond claim: If the project has a payment bond, you can file a claim to recover payment directly from the bonding company.
• Pursuing dispute resolution: Your contract may include a dispute resolution provision that requires mediation before moving to arbitration or filing a lawsuit.

Each option has strict deadlines and specific requirements, so acting quickly matters.

Who is responsible for construction delays?

Generally, the party whose actions or inactions caused the delay is the one who bears the financial consequences. A contractor who falls behind due to poor scheduling or mismanagement is typically responsible for those costs. On the other hand, if an owner makes last-minute changes or withholds approvals, the responsibility can shift in their direction. Things get more complicated when multiple parties contribute to the same delay, or when outside factors like extreme weather or supply chain disruptions play a role.

What is a change order in a construction contract?

A change order is a written agreement that modifies an existing construction contract by adjusting the project’s scope of work, cost, schedule or a combination of all three. Change orders only come into play after the original contract has been signed, and they require agreement from all key parties – typically the owner, contractor and architect – before they take effect. When properly executed, this legal agreement protects everyone involved by clearly spelling out what is changing, how much it will cost and how it affects the project’s completion date.

What is the Florida Chapter 558 process for construction defects?

Before you can file a lawsuit or pursue arbitration over construction defects in Florida, you must go through a specific presuit process. This process falls under Florida Chapter 558, commonly referred to as the Florida Construction Defect Statute.

The process begins when you, as the property owner, send a written notice of claim to the responsible party. This notice must describe the alleged construction or design defects in reasonable detail. Once the responsible party receives your notice, they have the right to inspect the property and respond to your claim. They can offer to repair the defect, provide a monetary settlement, offer a combination of both or reject the claim altogether. If both parties reach an agreement, the defect gets resolved without going to court. If they cannot reach an agreement, you can then move forward with filing a lawsuit or pursuing arbitration.

Protect Your Construction Investment

The Law Offices of Geoffrey D. Ittleman represents commercial and residential property owners, contractors, building professionals and suppliers in a variety of construction disputes. Call our Fort Lauderdale office at 954-546-7441 or contact us online to schedule a free evaluation.