Tampa Construction Dispute Lawyers

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 Tampa, 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 disagreements 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 disagreements 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 a Tampa, Florida construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other avenues.

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

Delays in Construction: Delays are often 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 usually be liable to the landowner for any harm resulting from it.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will usually file a lawsuit to recover what is owed. Of course, the owner will usually 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 decide if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractors: With big construction projects, contractors usually hire other, smaller contractors to do some of the work for them. This is usually 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. Nonetheless, 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 case 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 Tampa, Florida Attorney Help?

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

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Life in Tampa

Tampa is the seat of Hillsboro County, Florida. Tampa is home to nearly 350,000 residents including a number of professional athletes who play on local Tampa based teams. The Tampa Bay Buccaneers who won Super Bowl XXXVII champions in 2002 play at Raymond James Stadium. Tampa is also home to the Tampa Bay Lightning professional NHL hockey team. The only team claiming the "Tampa Bay" location that does not play within city limits is the Tampa Bay Rays MLB team who play in nearby St. Petersburg.

Downtown Tampa has been undergoing a revitalization project that started in 2007. Residential, hotel, and mixed use building have been constructed in an effort to revamp the downtown region and increase housing values. Rents have reduced and average of 4% in the United States but Tampa has only seen a 2% decrease. The discrepancy could be a result of the new downtown projects, however, Tampa offers outstanding transportation routes including railroad, high speed rail, sea ports, 3 nearby airports, and well maintained streets and highways.

The MacDill Air Force Base is home to the United States Special Operations Command (SOCOM) as well as an impressive fleet of cutting edge aircraft. Tampa residents and visitors frequent the annual air show that resumed after a 2002 and 2003 hiatus resulting from the 9/11 attacks.

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Construction Dispute Law in Florida

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