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 Cape Coral, 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.
Construction Dispute litigation in Cape Coral, Florida is typically time-consuming and expensive. But it is sometimes necessary, typically as a last resort.
Examples of Construction Disputes That Might Lead to Litigation in Cape Coral, Florida
Delays in Construction: Delays are frequently points of contention between contractors and landowners. Contracts sometimes have clauses which explicitly state that the project needs to be completed by a certain date, or penalties will be imposed on the contractor (reduced payments, for example). However, if the contract doesn't contain such built-in remedies, or one party refuses to abide by them, litigation may be necessary. If a contractor causes a delay that it could have prevented, it will typically be liable to the landowner for any harm resulting from it.
Refusal to Pay: Disputes can also arise from a client's refusal or inability to hold up his end of the deal. Sometimes, once a project is complete, or nearly so, a landowner will express an unwillingness to pay the contractor for his services. There might be a variety of reasons for this - sudden loss of money, or dissatisfaction with the quality of the work are a few examples. It's rare that a client will refuse to pay a contractor simply because they don't feel like it (and if that is the reason, they'll typically come up with a better one to argue in court). In these cases, a court will sometimes have to decide if the client is obligated to pay the full price. If the work was, indeed, not up to the standards laid out in the contract, the contractor is not entitled to the full price, but is still entitled to the actual value of the work, even if it's considerably less than the contract price.
Subcontractors: With big construction projects, contractors typically hire other, smaller contractors to do some of the work for them. This is typically work of a specialized nature, which the general contractor isn't equipped to handle (such as plumbing or electrical wiring). The general contractor is the one who is responsible for the satisfactory completion of the project. If a subcontractor makes a mistake, or causes a delay, the general contractor is ultimately liable to the person who hired them. However, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.
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 Cape Coral, Florida Attorney Help?
If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes essential, and a Cape Coral, Florida construction disputes attorney can be of great help.
Great Lawyer would recommend anytime.
Was very good at his job and helped me get what I needed.
Nick Muller was very helpful to me about my case. He understood what I needed and he was very quick to get the job done. I am very grateful for his help
Nick responded immediately every time that I contacted him. I wasn't sure who to call and I decided to give Legal Match a try. I couldn't be happier with the results. Nick's knowledge, honesty and calm demeanor reassured me each step of the way. Hopefully I won't need a lawyer again, but if I do I won't hesitate to call Nick again.
Nick has been so great. My past experience with attorneys have never actually been enjoyable, but Nick was kind and understanding from our very first conversation which he consulted for free. He kept me updated constantly and had my case settled within the week of us speaking. THANK YOU, Nick for being so kind and fair.
Nick G. Muller responded to my LegalMatch request within a few hours after I posted it. He was extremely knowledgeable in the area I needed legal representation in. He explained everything to me in terms which I understood, and was very clear about what his plan of course was and the outcomes that could possibly follow. Nick only charged me for one hour of work; despite the fact that due to some technology issues (with scanning and faxing on my end) he spent more than an hour with me. Nick worked with me on a time sensitive case over the weekend; a time that most law offices would be closed. Nick stayed in great contact with me, and made me feel confident in the outcome of my case! I would use Nick in the future, and I would recommend him to anyone who has needs for a real-estate attorney.
Nicholas G. Muller is a very good attorney! He really helped take a huge burden off of my shoulders so that I could rest. I highly recommend him!
Accountant
Actually, I did hire him but I basically handled my situation and got the necessary results before a contract was signed with Attorney Muller beyond the first 30 minute consultation. That said, he seemed very nice and if I would need an attorney in the area of his expertise I would contact him again. Thank you.
He kept on the HOA, maintained my best interest, fully understood the issue. I would recommend Nick Muller 100%
thanks!
Was incredible, just who we needed to represent us with our needs.
Nicholas was very knowledgeable / Professional and knew exactly what to do. We was also very quick to handle my case. I will definitely hire him again.
Wonderful. With Nick Muller on my side, I felt safe and protected and knew I would not be taken advantage of. Thank you.
Nick assisted me with the highest level of professionalism and addressed all of my legal needs. I highly recommend him.
Can't say Thank you enough to Mr. Muller and to Legal match. Wasn't sure what to expect from this on line service, but I couldn't have found a better attorney had i looked through the phone book. Mr. Muller was very clear in what he would do for me and the outcome was better than I could have asked. Many Thanks!
Excellent in all areas. I have already recommended him to others in the area.
Nick was amazing. Not only did he take the time to fully understand our questions and needs, but he put in time outside of business hours when he really didn't have to. It's that kind of dedication that we were looking for, and for that, we are very thankful. We will definitely use Nick again of the need arises.
Nick Muller is an asset to the Legal community. Thanks for having Nick Muller on your team!
Great Lawyer that won my case for me! Nicholas was prompt, knowledgeable, and very friendly. His pricing was fair and what I expected. I would use him again.
I would absolutely hire Mr. MULLER again. He reached out instantly and his help was almost as quick. He was very affordable and after hiring him my rental nightmare ended and can now sleep again. I would highly recommend him. I seriously wanted to drive to Golden and hug him. He has followed up numerous times, but not overbearing. Superb service. Thank you again Mr. MULLER.
Mr. Mueller was absolutely wonderful to work with!! He was always quick to respond to my issues and questions about my case!! He worked expeditiously and with persistence to resolve the matter with an outcome much better than I had expected!! His kind and professional manner made it very easy to work with him again and I will absolutely use him again in the future should I have another need to retain legal services. I highly recommend him!! Thanks Nick!!
Mr. Muller did an excellent job for me and in fast timely manner, I appreciate his work.
Mr Muller contacted me quickly, answered all my questions and concerns completely and handled everything professionally and in a timely manner. I would definitely have Mr. Muller represent me again and highly recommend his services.
Nick Muller was very helpful in all phases of the negotiation and followed up with a conclusion that was more than I was hoping for. I would definitely turn to him if I needed legal representation in the future.
Nick was by far the most impressive Lawyer I have worked with. He treated me like family and was a bulldog on the issues. Couldn't have found a better lawyer to represent me.
Fantastic service, quick response and very personable. I couldn't have asked for a better attorney to help me.
This was the best legal experience I've ever had and I have had many personally and professionally. Nick is excellent at digesting a great deal of information in a short period of time, acting swiftly to move the matter forward in a professional manner. He is adept at handling various personality types and view points without losing sight of the desired legal outcome. I would recommend him without reservation to anyone needing legal expertise.
He was awesome. Lots of work for a great price.
Nicholas Muller has the highest integrity,is a skillfully effective and efficient negotiator and produced the results we sought promptly.
Mr. Muller was Excellent. He took a huge burden off of my back within a very short period of time.