Construction Law

construction law

Building Your Legal Foundation: Construction Lawyers

Jupiter Legal Advocates represents both the construction trades (contractors, sub-contractors, material suppliers and designers) and property owners.

We have over 25 years of construction law experience, including the enforcement and defense of construction liens, contract or performance disputes and damage claims arising from defective performance or materials and payment issues.

Resolving Construction Disputes Effectively

Construction projects involve complex contracts between multiple parties. When a dispute arises, the first step construction trades or property owners take is to review and enforce the terms of the contract. 

We help clients in South Florida resolve disputes such as:

  • Project delays
  • Product defects
  • Payment issues
  • Change orders

Our goal is to resolve disputes efficiently through negotiation, mediation, or litigation (if necessary). 

Safeguarding Your Interests: Construction Litigation

Our team of construction lawyers avoids litigation when possible. However, when disputes arise in construction projects and we’re unable to reach an amicable solution, legal action may become necessary. 

Several steps occur during the litigation process:

  • Document review and discovery. Construction litigation often involves large amounts of documents, contracts, invoices, and other correspondence. Our team meticulously reviews and organizes these documents to build a strong case. 
  • Evidence gathering. Additional evidence gathering can include conducting interviews, obtaining expert opinions, and inspecting the construction site. 
  • Expert witness identification. In some complex construction disputes, it’s appropriate to request testimony from expert witnesses with specialized knowledge who can support your case. 
  • Legal pleadings preparation. Our construction lawyers draft and file the legal pleadings for the case. Included are complaints, answers, counterclaims, and motions. 

It’s possible to reach a settlement before the complaint goes before the appropriate Florida court. Our team works hard to achieve favorable settlement terms if you wish to go this route. 

Frequently Asked Questions – Construction Lawyers

To provide you with a better understanding of Florida construction laws and the duties of construction lawyers, here are answers to some of the most asked questions. If you need additional assistance, please do not hesitate to contact us.

How do you know if your project is bonded?

Some construction projects call for payment bonds or performance bonds that benefit contractors and subcontractors. 

A payment bond is typically favorable to subcontractors and suppliers. It requires surety to pay outstanding amounts owed to the subcontractor if the general contractor fails to fulfill its payment obligations. 

A performance bond is typically favorable to the owner or general contractor. It provides a remedy in case a subcontractor or contractor fails to perform scheduled work or completes it poorly. 

Once you obtain a copy of the bond, it’s critical to identify and comply with all notice and timing requirements. For a private project, the bond often dictates the timeframe you must file a claim or by when a specific action on the bond must be taken. 

Do other provisions dictate the contractor’s rights?

Most construction contracts contain notice provisions. Notice provisions have timing and form requirements that are strictly enforced. Our attorneys can help guide you through such requirements.  

Construction contracts may contain indemnification and insurance provisions as well. They must be analyzed to determine if any additional remedies are warranted.

Who are the potential parties to litigation?

Another step in evaluating a construction client’s potential claims and determining the best course of action is identifying the party or parties from whom the client may recover. In some jurisdictions, an aggrieved contractor or subcontractor may have the right to pursue claims against not only the contracted parties but also other entities involved in the matter.

What type of experts might be necessary?

Expert opinion is sometimes required early in the evaluation process. Some of the assistance they can provide includes:

  • Evaluating the strength of the claims.
  • Assisting with the preparation of discovery requests.
  • Determining damages.
  • Evaluating the duty of care within the community. 
  • Educating practitioners and clients on relevant issues and industry standards. 

If you require the immediate services of a construction lawyer, give us a call at 561-748-8000 or send us an email inquiry

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