What Does a Construction Litigation Lawyer Do?
A construction litigation lawyer represents clients involved in construction disputes, typically related to issues such as breach of contract, payment disputes, defects in construction, liens, and delays. The lawyer protects the client’s interests and obtains a favorable outcome through negotiation, mediation, or trial.
In addition to representing clients in commercial construction litigation matters, construction litigation lawyers may also handle cases involving personal injury claims related to construction accidents. Whether the client is an individual or a business venture, an experienced commercial attorney can help navigate the complex legal issues that can arise in construction disputes and work to achieve a successful resolution.
Construction Delay Claims
Construction delay claims refer to legal disputes that arise when a project experiences delays beyond the agreed-upon schedule. These claims typically involve identifying the causes of any delays, assessing their impact on the project, and determining liability and compensation. They often require expert analysis, documentation, and negotiation to resolve the dispute satisfactorily.
Construction Liens
Construction liens, or mechanics’ liens, are legal tools used by contractors, subcontractors, and suppliers to secure payment for their work or materials on a construction project. They provide a claim against the property, allowing the lien holder to enforce payment by foreclosing on the property if necessary. Our Jacksonville construction litigation attorneys understand the complexities of lien laws and how they can impact the success of your business.
Defect Claims
Defect claims in construction refer to legal disputes arising from alleged defects or deficiencies in a construction project’s design, materials, or workmanship. These claims typically involve assessing the nature and extent of the defect, determining responsibility, and seeking remedies such as repairs, replacements, or financial compensation. Expert evaluation and evidence play a crucial role in resolving defect claims.
Delay & Disruption
Delay and disruption in construction refer to situations where a project’s progress is hindered or interrupted, leading to a delay in completion. These disruptions can be caused by unforeseen events, changes in scope, poor planning, or disputes. Resolving delay and disruption issues involves analyzing the impact, allocating responsibility, and seeking appropriate remedies to mitigate the effects and ensure project completion.
CGL Negotiation & Claim Resolution
CGL (Commercial General Liability) negotiation and claim resolution involve resolving disputes and reaching agreements related to liability claims in commercial settings. This typically includes assessing the extent of coverage, determining liability, evaluating damages, and negotiating settlements. Skilled negotiation and understanding of insurance policies are vital in achieving fair and satisfactory outcomes in CGL claim resolution.
Non-Payment
Construction non-payment refers to situations where a party involved in a construction project fails to pay for services rendered or materials supplied. Non-payment in construction can cause financial strain, disrupt project progress, and lead to disputes, mechanics’ liens, legal actions, or alternative dispute resolution methods to resolve the payment issue.
Performance & Payment Bond Claims
Performance and payment bond claims are legal actions that arise when contractors fail to fulfill their contractual obligations on a construction project. Performance bonds provide financial protection to project owners, ensuring completion of the work, while payment bonds guarantee payment to subcontractors and suppliers. Bond claims can be filed to seek compensation for damages incurred due to contractor default.
Quality of Construction
Maintaining high-quality construction involves diligent planning, craftsmanship, inspections, and adherence to industry best practices. Best practices include using reputable suppliers, employing qualified professionals, and implementing rigorous quality control measures throughout the project lifecycle. Quality construction ensures the longevity of structures, minimizes the risk of defects or failures, and contributes to the overall success and reputation of the project and those involved.
Contracts
Our team understands the importance of contracts in small business operations. Our attorneys in Orange County, Central Florida, have extensive experience drafting and reviewing various types of arrangements, including those related to intellectual property (IP). We provide personalized legal guidance to large, medium, and small businesses in Orlando to ensure their contracts meet their specific needs and protect their interests.
Construction Agreements
Construction agreements/contracts are legally binding documents that outline the terms and conditions of a construction project. They establish the rights and obligations of all parties involved, including the owner, contractor, subcontractors, and suppliers. Construction agreements typically cover project scope, timelines, payments, warranties, dispute resolution, and other important provisions to ensure clarity, accountability, and successful project execution.
Joint Venture Agreements
Joint venture agreements are legal contracts between two or more parties to pursue a business opportunity or project. These agreements document the terms of the collaboration, including resource allocation, duties, risks, profits, and decision-making. Joint venture agreements help establish clear expectations, allocate resources, and mitigate potential conflicts between parties.
Advising
We understand clients’ challenges when navigating the legal landscape and are committed to providing dedicated support and guidance. Whether it’s advice on contracts, liens, intellectual property (IP), or any other legal matter, our attorneys are well-equipped to provide expert assistance when needed. Our knowledge of Florida law makes us the ideal choice when clients want to achieve their goals and protect their interests.
What Are the Construction Laws in Florida?
Florida construction laws cover a wide range of legal issues in construction projects. These laws address building codes, licensing requirements, construction liens, warranties, and disputes between contractors and property owners. Our certified Tampa construction litigation attorneys can provide legal guidance to clients involved in construction projects and ensure they comply with Florida’s construction laws.
- Building Codes – Florida Building Code (FBC) is updated every three years and includes standards for different types of buildings and systems.
- Contractor Licensing – Includes passing exams, showing experience, and proving financial stability.
- Permits – Local building departments approve plans and conduct inspections to ensure compliance with FBC and local regulations.
- Zoning – Local zoning laws control land use, setbacks, height restrictions, and density limits.
- Liens – Construction lien law Protects contractors and suppliers, requiring timely notices and lien filings.
- Environmental Regulations – Florida DEP: Ensures compliance with state and federal environmental laws.
- Safety – Mandate safety training, protective equipment, and accident reporting on construction sites.
- Insurance – General liability, workers’ compensation, and professional liability for design professionals.
- Dispute Resolution – Mediation, arbitration, and litigation are encouraged to resolve disputes and reduce court cases.
Find an Orlando Construction Attorney Near Me
If you are looking for a construction litigation attorney in Orlando or Orange County, FL, Walker Flick is accepting new clients and here to help. We have extensive experience in all aspects of construction law, including contract negotiations, dispute resolution, construction defects, and more. Contact us today to schedule a consultation and see how we can assist you with your legal matter.
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