Complex Real Property Improvement Issues

What are complex real property improvements, and which Florida laws apply?

Complex real property improvements cover the full spectrum of construction, renovation, or restoration projects that substantially impact a property’s value, use, or legal status. Because of their often-complex nature, these improvements often lead to disagreements between property owners, contractors, and other parties involved.

Several Florida laws, rules, and regulations govern complex real property improvement and the disputes that may arise from such projects. For example, the Florida Construction Lien Law (Chapter 713, Florida Statutes) governs construction liens, which contractors or subcontractors may file when seeking payment for uncompensated, completed work. Furthermore, Florida Statutes § 558.002 defines construction defects and outlines the process for providing notice and opportunities to cure such defects.

Additionally, the Florida building code, Florida Administrative Code r.9N-3 et seq. (2023), sets forth minimum standards for design, construction, and compliance, which can be relevant in disputes related to construction quality or adherence to regulations. The specific laws, rules, or regulations applicable to a particular dispute will depend on the unique circumstances and issues involved in the case.

Need help with creating, structuring, or enforcing real estate agreements? Schedule your consultation today with a top real estate litigation attorney.

What are common issues associated with complex real property improvement that lead to litigation?

The following issues tend to escalate real estate disputes to litigation:

Construction defects: Disputes may arise from alleged defects in the project’s design, materials, or workmanship. These issues can lead to structural problems, water intrusion, and other damages that affect the property’s value or habitability.
Payment disputes: Parties involved in a project may disagree over payment terms or amounts, leading to claims such as breach of contract, unjust enrichment, or mechanic’s liens under the Florida Construction Lien Law (Chapter 713, Florida Statutes).
Contract disputes: Complex real property improvement projects often involve multiple contracts, and conflicts may arise from disagreements over the scope of work, contract interpretation, or delays in project completion.
Zoning and land use conflicts: Large-scale property improvements may trigger zoning or land use issues, such as non-compliance with local ordinances, environmental regulations, or development restrictions. Disputes can arise between property owners and local governments or neighboring property owners.

When a set of facts is appropriate for legal advocacy or intervention, there are many paths a claimant may take. 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 or another form of specialized advocacy, please contact our office to set up your initial consultation.

How should counsel resolve issues and avoid litigation over complex real property improvement?

Comprehensive contracts: Drafting clear, detailed agreements that outline the responsibilities of each party, payment terms, deadlines, and dispute resolution procedures can help avoid misunderstandings and minimize the risk of litigation.
Regular communication: Maintaining open lines of communication between all parties involved in the project can help identify potential issues early, allowing for prompt resolution and minimizing the chances of disputes escalating into litigation.
Documentation: Keeping thorough records of project progress, change orders, payments, and communications can provide valuable evidence in case disputes arise and may help resolve issues before they lead to litigation.
Alternative dispute resolution (ADR): Including clauses in contracts that require parties to engage in mediation or arbitration before resorting to litigation can help resolve disputes more efficiently and cost-effectively.
Hiring experienced professionals: Engaging knowledgeable architects, engineers, contractors, and legal counsel with expertise in complex real property improvement projects can help navigate potential pitfalls, ensure compliance with relevant laws and regulations, and minimize the risk of disputes.

Please contact our office to set up your initial consultation to see what forms of legal advocacy or intervention may be available for your unique situation.

Frequently Asked Questions

What is the statute of limitations for construction defect claims in Florida?

The statute of limitations for construction defect claims in Florida is generally four years from when the defect is discovered or should have been discovered, as specified in § 95.11(3)(c), Florida Statutes. However, there is a 10-year statute of repose, meaning no action is available more than ten years after the project’s completion.

How can I protect my interests when entering into a construction contract?

It is essential to have a well-drafted contract that outlines each party’s responsibilities, payment terms, deadlines, and dispute resolution procedures. Also, developers should work with experienced professionals such as architects, engineers, contractors, and legal counsel familiar with complex real property improvement projects in Florida.

Can a homeowner recover damages for a construction defect if they sold the property?

In most cases, the right to recover damages for construction defects is assignable, meaning the original homeowner can transfer their right to sue for damages to the subsequent property owner. However, specific circumstances may affect the assignability of the claim, so consulting with a Florida real estate dispute attorney is advisable.

What is the role of a construction lien in a real property improvement dispute?

A construction lien, or a mechanic’s lien, is a legal claim that a contractor, subcontractor, or supplier can file against a property to secure payment for labor or materials provided for the project.

How can I resolve a real property improvement dispute without going to court?

Alternative dispute resolution (ADR) methods, such as mediation or arbitration, can help resolve disputes more efficiently and cost-effectively than litigation. Including ADR clauses in construction contracts can encourage parties to resolve their disputes through negotiation or third-party neutral involvement before resorting to court proceedings.

Have more questions about real estate transactions and disputes?

Crucially, this overview of complex real property improvement 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.