Construction law deals with issues related to the construction of a home, building or other structure. It also addresses related federal, state, and local laws regarding things like environmental impact, zoning, and other concerns. With construction thriving throughout Florida, it is not surprising that disputes inevitably occur. Herein we cover some of the most common legal issues our Construction Litigation team has managed for construction companies, workers, and, of course, dissatisfied customers.
Defects – Defects in construction and/or workmanship, from design flaws to use of substandard materials to shoddy workmanship, can produce serious code violations and, worse, hazardous conditions. On the other side, unjustified accusations can ruin a construction company’s reputation. “Part of what we do in construction litigation is get to the bottom of allegations of defective design, methods, construction, or materials,” says Litigation attorney Daniel J. Kersey. “If the allegations are true, we can assess both current and prospective damages related to poor production. If the allegations have no merit, we provide evidence and fight to defend a company’s good standing.”
Delays – Whether from holdups of materials to a lack of workforce, to unexpected weather, or improper methods, construction projects are notoriously prone to delays. While usually owed to a construction company, in some cases the customer is the cause of the delay. “While patience may be considered a virtue, significant delays can be costly and, in some cases, create a genuine hardship for the wronged party,” says Litigation attorney Loren Vasquez. “If construction delays are causing you to postpone your substantial completion date, it may be costing you more than time, but also money damages.”
Contract Issues – While a good contract attorney can manage many types of contracts, construction contracts require a unique understanding of industry terminology and elements necessary to draft a truly protective and actionable contract. “A construction law attorney must possess the experience to negotiate favorable bids, projects and provisions, as well as shield you from any disputes that can arise from a weakly-worded contract,” says Litigation attorney Phillip S. Smith. “Without specific experience in construction laws, even the most talented contract attorney will likely lack adequate understanding of all that’s needed to build a solid agreement.”
Mechanics’ Liens – To ensure payment, contractors and subcontractors may place a lien on certain construction projects and single-family homes. However, Mechanic’s Liens must follow the statute or the contractor’s rights to lien the property may be lost. Additionally, if your property has had a Mechanic’s Lien placed upon it, the Construction Litigation Team of McLin Burnsed has successfully removed Mechanic’s Liens on behalf of their clients.
Handling Construction Disputes
From construction contract drafting and competitive bid negotiation to breaches of contract and other liabilities, the Construction Law and Litigation team of McLin Burnsed is here to help protect the rights of construction companies, contractors, subcontractors other hired professionals, and property owners. While we are generally able to resolve cases out of court, our Litigation team is ready to take aggressive action whenever needed to promote the best outcome for our clients.