South Florida Construction Dispute Litigation
Construction Dispute Attorney Serving South Florida
Construction disputes are common, especially in high-profile projects. Whether it be a faulty foundation or leaky windows, problems can arise at any point during the construction of a building. Construction disputes could begin with you as the consumer, or they may start with your business which is supervising the project. Either way, construction litigation isn’t something to brush off – it’s incredibly important to protect yourself and make sure your interests are represented appropriately. Construction litigation may involve disagreements throughout all aspects of constructing a building or structure on real property. The law governs how these issues are handled through the judicial system.
Not Every Disagreement Leads To Litigation
Of course not every disagreement between parties will lead to construction litigation; there are several different types of dispute cases that could result from numerous circumstances that may occur during construction.
- construction litigation could include a dispute over the construction project itself,
- construction design and engineering issues that arise,
- or other disputes concerning materials used for the project.
- construction litigation can also involve payment disputes as well as disagreements about who will be responsible for paying those involved in the lawsuit.
Post Construction Litigation In South Florida
Construction disputes even happen after a structure has been completed and is functionally up to snuff because of problems with malfunctions or general wear and tear – these cases are generally referred to as latent conditions claims.
“Useful Life” Failure
Litigation involving a building or structure’s failure during its “useful life” is incredibly common. Construction law usually favors the owner of the property, meaning owners should plan accordingly. Expected useful life can lead to different perspectives on how to handle cases involving a building’s failure.
Statute Of Limitations On Litigation
Construction litigation generally has a statute of limitations which is a specific period of time in which an action can be filed, and if the lawsuit isn’t brought to light within this certain amount of time, it will usually be thrown out. This is where the importance of a seasoned South Florida Real Estate Attorney is necessary.
Parties Involved In The Litigation Process
Construction law also typically indicates that construction disputes should only involve parties who have been involved in the actual construction process. This means that third-party claims are normally not eligible for litigation under these statutes unless they present some sort of special standing.
Construction litigation involving architects and engineers may require little more than demonstrating the contract with your business and potentially providing copies of drawings and specs to show what work was done at what price. A general contractor or subcontractor would need to provide similar documents while their contracts and invoices would serve as proof of the work they were hired to do.
Complex Construction Litigation
Construction disputes during litigation can get a little complicated, but certain statutes provide guidance for litigants involved in construction litigation cases. Construction dispute attorneys utilize these statutes and make arguments on behalf of their clients while also trying to limit or eliminate any claims from an opposing party.
Construction law is usually pretty straightforward regarding what you’re entitled to by completing a project successfully. This means that if your business is a general contractor, you’re generally entitled to payment for completed work within the terms of your contract with the property owner.
However, there are times when a contracting company might not want payment for all completed work or they might be able to show that some work has been done at the request of the property owner. Construction litigation should always involve professionals who are familiar with Florida’s laws and statutes.
Professional Real Estate & Construction Litigation Help For South Florida
Contact veteran attorney Leah Mayersohn for immediate assistance.
