Fort Lauderdale Construction Dispute Lawyers

Find the right Construction Dispute attorney in Fort Lauderdale, FL

Construction Dispute Law in Florida

When a property owner and a general contractor contract for a construction project to take place on some property in Fort Lauderdale, Florida, whether it's a house, some landscaping, or a remodeling project, there is always a gamble that something can go wrong. In fact, at least a very minor setback may be more likely than not.

Most often, the owners of land and contractors can end disputes before they get too serious, thus eliminating the need for litigation. Most contracts governing construction projects have built-in remedies for the most common problems, typically requiring the party that causes a delay or other problem to pay the other party a set fee.

Even if disagreements can't be resolved amongst the parties to the contract, they don't need to take their dispute into the court system. For instance, construction contracts typically call for mediation or arbitration before any disputes are resolved by the courts. Mediation is a process by which a third party serves as a sort of intermediary in settlement negotiations between the parties to the contract. The mediator can help keep negotiations on track, and suggest possible solutions the parties might not have thought of. The mediator can't issue a binding decision, however. Arbitration is a process through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be faster and cheaper than litigation, and it has some other advantages, as well.

Litigating a construction dispute in Fort Lauderdale, Florida is definitely not something that anybody likes doing. However, it is sometimes necessary, as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Fort Lauderdale, Florida

Construction Delays: Delays in construction are prevalent sticking points between contractors and landowners. These delays can sometimes lead to litigation, especially if the construction contract makes it clear that time is an important factor, or if the contract mandates a certain completion date. In such situations, a court will often award the landowner compensation for any monetary losses he or she suffered as a result of the delay.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will typically file a lawsuit to recover what is owed. Of course, the owner will typically claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to determine if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (typically smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, however, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. However, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Liens: Sometimes, when a contractor wins in a lawsuit against the landowner who hired him or her, and obtains a court order for payment, the contractor will still refuse to pay. Since a money judgment isn't worth much without a way to enforce it, the laws of many states have evolved to permit what's known as a "mechanic's lien." As a last resort, if a landowner refuses to pay the contractor for work done on the property, the contractor can force a sale of the property, and keep the proceeds, up to the amount of money owed.

Can a Fort Lauderdale, Florida Attorney Help?

If you have a construction dispute, you should first try to resolve it amicably with the other party. If this fails, it is almost always essential to hire a Fort Lauderdale, Florida construction disputes attorney, who can advise you on the next steps in the process.

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Life in Fort Lauderdale

There are many exciting things to do in Fort Lauderdale. For starts, visitors can enjoy a day at the Lady Helen Fishing Charters, the Antique Car Museum, the Bonnet House Museum and Gardens, the Beachfront, Stranahan House, or the Hugh Taylor Birch State Park. For some great shopping and fine dining, Las Olas Boulevard is the place to go!

Fort Lauderdale has an approximate population of 165,521 people. The area is commonly known as it is a South Florida metropolitan area. Another reason for its popularity is its nickname--"the Venice of America." Fort Lauderdale gets its nickname because the city is filled with many intricate canal systems. This is so to compliment the major yatching center of the city, with 42,000 resident yachts and 100 marinas and boatyards.

There are many great law firms located in Fort Lauderdale. Primarily, there are many small to mid-size law firms located in the area. These firms house excellent attorneys who provide their clients with efficient and personalized legal services. For clients who require large, multinational law firm services, Miami is very near! Larger firms in Miami can serve those specific needs. All in all, Fort Lauderdale proves that there is more to Florida than Disney World and South Beach!

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