Construction law has many aspects, including representing either the property owner or a contractor in the initial negotiation and contracting process; providing advice during the construction process, either on best practices or in the event of a disagreement; assisting with transition or termination of a construction project in the event of defective work or payment default; or post-construction negotiation or litigation regarding defective work or failure to pay amounts due.
It is important for all parties involved that owners may proper payments during the construction process to avoid the risk of liability to a third-party for a payment already made to the contractor. In dealing with failure to make appropriate payments, several factors are relevant, including analysis of the written contract or oral agreement between the parties, receipt of appropriate lien waivers and releases, the progress and state of construction, whether change orders were agreed upon or made, and more. Florida construction law has many very specific requirements involving the right of a contractor, supplier, or materialman to file a lien against real property, timeframes and prerequisites required to do so, and contractual provisions and notices required before and during the construction process. Florida Statutes Chapter 713 provides many of these requirements and also contains several critical timeframes that must be followed to avoid losing or harming the parties’ legal rights. Property owners also have specific procedures and legal rights under Florida’s Construction Lien Law to contest invalid or improper liens or address liens that were properly filed against real property.
When construction defects exist or are asserted, thorough and appropriate initial assessment is essential to determine the correct way to proceed. In order to preserve appropriate privilege (and therefore confidentiality) it is important to engage legal counsel in this phase of the analysis to ensure the appropriate procedures are followed when obtaining professional review of the defects by construction experts or consultants. Obtaining this review in a timely manner can also assist in making the most efficient and appropriate decisions moving forward in light of the scope and severity of the defects as determined by a professional.
Insurance coverage and analysis is critical in construction matters. Coordinating your legal contract and advice to encompass analysis of available and appropriate insurance coverage and provisions can have a significant impact. Insurance coverage should be analyzed from the perspective of the project owner, general contractor, and subcontractors. Greater investment in appropriate insurance products up front can provide substantially greater protection should a project not proceed as anticipated, shifting the cost and risk of construction defects or failure to perform to an insurance carrier rather than the contractors or owner. This can be especially important in situations where a contractor is either insolvent or ceases operating after one or more failed projects.
When representing the owner, contractor, or a subcontractor, the Castro Potts Law Firm can provide representation either on an hourly basis or, for certain documentation or procedural needs, a flat fee basis, providing predictability and helping you control costs. Often the up-front investment in legal counsel offers a return on investment in reduced costs down the road by minimizing risk and liabilities, such as failure to properly perform non-defective and timely construction work or improper attempts to enforcement payment obligations.
Whether you are dealing with a commercial or high-value residential construction project or a residential construction matter, contact us to learn more about our pricing structure and how we can assist you.
