Construction Litigation

How does construction litigation affect construction companies?

Litigation within the construction industry often involves any one or more of the following: lien/bond foreclosure and priority, prompt payment law, change order disputes, differing site conditions, retainage disputes, surety claims, delay claims, defect claims, pay when paid claims, and liquidated damages disputes. Naturally, any one or more of these can result in disrupted operations and substantial costs for construction companies.

The potential for construction litigation directly influences decision-making processes, shaping how companies approach project management, risk assessment, and contract negotiations. Construction companies must proactively address potential legal issues to safeguard their interests and maintain their reputation in the industry.

Need help regarding construction litigation? Schedule your consultation today with a top construction attorney.

In Florida, which laws and regulations apply to construction litigation?

In Florida, several laws and regulations potentially apply to construction litigation, including:

Florida Building Construction Standards, including the Florida Building Code: Establish minimum construction standards, which are often relevant to the final resolution of construction disputes.
Florida Construction Lien Law: Delineates the lien-related rights and remedies available to parties involved in construction projects and governs the filing and enforcement of construction liens.
Florida Construction Defect Statutes: Outline the procedures for addressing construction defects and related disputes.

What are common issues regarding construction that lead to litigation?

The following issues are among the most common in actions regarding construction:

Contract Disputes: Disagreements over contract terms, scope, or performance can lead to litigation. Lack of clarity in contracts or failure to adhere to contractual obligations often results in disputes.
Construction Defects: Deficiencies in workmanship or materials can lead to disputes between parties involved in a construction project.
Payment Disputes: Delays or non-payment for services rendered or materials supplied can escalate into litigation.
Project Delays: Construction delays can have cascading effects, leading to increased costs, schedule disruptions, and disputes among project stakeholders. Claims for damages due to delays are common in construction litigation.
Regulatory Compliance: Non-compliance with building codes, permitting requirements, zoning regulations, or environmental requirements can result in legal action.
Safety Violations: Injuries or accidents on construction sites due to safety violations can result in litigation.

We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What steps should businesses take to minimize the risk of construction litigation?

To minimize the risk of construction litigation, businesses can implement the following strategies:

Clear Contractual Agreements: Ensure contracts are comprehensive, clearly defining scope, responsibilities, and dispute resolution mechanisms.
Regular Communication: Maintain open communication channels among project stakeholders to address issues promptly and prevent misunderstandings.
Quality Assurance: Implement quality control measures to minimize the occurrence of construction defects and ensure compliance with industry standards.
Documentation: Maintain accurate records of project-related communications, transactions, and changes to substantiate claims and defenses in case of disputes.
Compliance Management: Stay updated on regulatory requirements and ensure compliance with building codes, permits, and environmental regulations throughout the project.
Safety Protocols: Prioritize workplace safety by enforcing strict safety protocols, providing training, and conducting regular inspections to mitigate the risk of accidents and injuries.

Frequently Asked Questions

What are the potential damages recoverable in construction litigation cases?

Potential damages recoverable in construction litigation cases may include compensation for construction defects, delays, breach of contract, property damage, lost profits, and attorney fees, among other losses incurred by the aggrieved party.

What steps should businesses take to preserve evidence in anticipation of potential construction litigation?

To preserve evidence in anticipation of potential construction litigation, businesses should document all project-related communications, transactions, and events. They should also preserve physical evidence, such as photographs, plans, contracts, invoices, and inspection reports, that may be relevant to the dispute. Additionally, businesses should implement protocols for the retention and storage of electronic data, including emails, schedules, and project documentation.

What are the time limitations for filing a construction claim in Florida?

Florida has different statutes of limitations and statutes of repose that typically dictate the timeframe within which construction claims must be filed. The applicable timeframe can vary depending on the nature of the claim and other factors.

Have more questions about a situation related to construction litigation?

Crucially, this overview of construction litigation does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.