Miami Beach Construction Dispute Lawyers

Find the right Construction Dispute attorney in Miami Beach, 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 Miami Beach, Florida, whether it's a house, some landscaping, or a remodeling project, there is always a chance that something can go wrong. In fact, at least a very minor setback may be more likely than not.

In the majority of cases, it's possible for landowners and contractors to resolve disputes amicably. There are many ways to do this, such as a simple verbal agreement to lower the contract price due to a mistake made by the contractor, for example, or an agreement to a slight price increase in the event of unforeseen obstacles beyond the control of either party.

Even if the parties can't easily resolve their disputes, and someone else needs to intervene, that somebody doesn't always need to be a judge or jury. Many construction disputes call for mediation, during which a neutral third party helps the parties to the dispute negotiate a settlement. They might also go through arbitration, during which a third party renders a binding decision.

Litigation of construction disputes in Miami Beach, Florida can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occasions where it is the only option.

Examples of Construction Disputes That Might Lead to Litigation in Miami Beach, Florida

Major Delays: If the contractor or a subcontractor is at fault in causing a large delay to a project (several months, for example), this may lead to a lawsuit. If the contract stated that time was of the essence for some reason (maybe the project was a new store that the owner hoped to open before the holiday shopping season, for example), a court can usually award the owner any damages that were caused by the delay.

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 usually 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 significantly less than the contract price.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (usually 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 allow 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 Miami Beach, Florida Attorney Help?

Construction disputes and disagreements can be very difficult to deal with alone. The assistance of a Miami Beach, Florida real estate attorney can make the process of dealing with these disputes much quicker and easier.

Talk to a Real Estate Law Attorney now!

Life in Miami Beach

Miami Beach is known to many because of South Beach! Millions of tourists visit South Beach every year to relax and enjoy the Miami beaches and night life! Miami Beach, as well as Downtown Miami, is the commercial center of South Florida. Miami Beach is known as one of the U.S.'s "pre-eminent beach resorts."

Besides the beaches, some popular sites include the Guggenheim Museum, Walt Disney Concert Hall, the Miami City Ballet, and the Live Wallcasts building, designed by award-winning architect Frank Gehry.

Some famous Miami Beach residents include Walter Briggs, Sr, Kent Cooper, Jackie Gleason, Knute Rockne, Nicholas Schenck and Albert Warner.

Miami is also filled with many law firms, of all sizes. These firms train excellent attorneys. Therefore Miami Beach residents can remain rest assured because any and every legal matter of theirs can be handled by Miami's legal force!

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