Construction litigation attorney Miami

You are here: Home » Construction litigation

At Gallardo Law Firm, we represent real estate professionals in Miami in all aspects of construction law. These are very challenging cases to navigate on your own without the expert advice of a construction litigation attorney Miami. With many years of combined experienced in construction law, our construction dispute lawyers provide the insightful counsel and representation our clients need to resolve their disputes.

A construction litigation attorney Miami can identify, evaluate, and inform you about potential risks. You need someone to help you devise a plan of action to reduce such dangers through construction litigation. Our attorneys are up to date with changes in construction law and regulations that may affect your case, including construction licensing, land use, permits, zoning, liens, and real estate development.

At Gallardo Law Firm we always keep our clients updated on the status of their construction litigation cases. No matter the issue, we will explore your options and find the best legal route. With a construction litigation attorney Miami by your side, you will know what to do. But let’s take a closer look at some common construction dispute issues.

Whether you want to find out about construction defect litigation, delay claims, construction contract disputes, and the statutes of limitations for your specific case, consulting a skilled construction litigation attorney Miami may be the best course of action.

Construction defect litigation

Construction litigation cases are prevalent in South Florida. Unfortunately, construction projects are not all they promise to be. These cases often involve construction defects. There are times when even new homes are not free of problems. Individuals experiencing these issues and seeking a timely construction dispute resolution should hire a construction litigation attorney with experience representing clients in construction arbitration, negotiations, and trial.

A construction defect can be a flaw or design error that occurred during construction perhaps caused by lack of experience or skill. These mistakes can harm the homeowner, and decrease the value of the property. Some construction defects are more noticeable than others. These mistakes are categorized as “patent” or “latent” flaws, and they may include:

  • Mold
  • Problems with the piping or plumbing system
  • Faulty electrical and heating systems
  • Issues with groundwork, floor, walls, and roof
  • Inadequate soil preparation and analysis
  • Poor drainage and landscaping
  • Rot framing and other mounting damages
  • Structural failures

Construction contract disputes

Construction disputes cases are very common in various construction projects. Generally, these disputes are ruled by common sense and sound planning. Good communication, teamwork, and complete construction documents should help minimize confusion and avoid unnecessary disagreements. Most construction contract disputes occur over changes or revisions to contracts.

Undocumented or uncoordinated drawings can also become a source of construction disputes. Parties involve in these disputes seek to put the blame on someone rather than assuming responsibility. Although the facility manager generally determines fault and serves as a mediator between parties, there are times when a construction litigation attorney is needed to help discover where the problem originated.

Whether through formal negotiations, construction arbitration, or construction litigation, pursuing legal action can be costly but worthwhile depending on the nature of your case.

Construction delay claims

Nobody likes construction delays, whether you are a company, subcontractor, supplier, consumer or city official. But a variety of issues can arise and delay your project. That’s why all parties involved in a construction project need to be prepared to deal with the possibility of a delay.

An experienced construction lawyer Miami can discuss legal liability and delays. The first thing your attorney will address is whether or not there is a legitimate cause for the delay. Construction delays can be categorized as excusable or inexcusable. Excusable delays are those that were not the contractor’s fault. An inexcusable delay has to do with the wrong actions of contractors. Construction delays are mainly construction contract issues based on contract performance. In other words, the language of the agreement determines who is at fault and liable for the damages.

Many modern contracts include liquidated damages to help estimate the rate for inexcusable delays. Even in such cases, there may be strong disagreements over what exactly is an inexcusable delay. It is common for parties involve in construction litigation cases to blame each other. When a dispute has arisen in your construction case, you need to hire an adept construction litigation attorney with experience in construction contract disputes.

Other construction disputes in Miami handled by our attorneys

Our construction dispute lawyers have a unique understanding of the many issues that may arise in construction dispute cases. If you are looking for a legal resolution of your dispute, look no further than Gallardo Law Firm. Our attorneys have litigated these cases in the courtroom, and they are ready to protect your interests in construction arbitration proceedings, whether that involves state or federal courts.

Nonpayment

Sometimes mechanics, material suppliers, subcontractors, and other parties involved in a construction project are not paid by the contractor. Other nonpayment construction litigation cases include contractors seeking payment from the property owner or buyer. A construction litigation attorney Miami can help any of these parties obtain payment for work performed.

We understand that cash flow is essential for any construction project. When these funds are not managed as they should, and a nonpayment dispute arises, these parties should explore their recovery options with the help of a legal advisor.

Licensing or permit issues

A permit is a government-issued document that allows the businesses in charge of the project add or remodel existing structure. Any new construction project requires a permit. This approach helps the local government monitor construction projects and make sure they meet the required construction codes.

There are several categories of permits based on the nature of the work. These include structural licenses, electrical permits, mechanical permits, plumbing permits, and even demolition permits when that type of work is done.

Some licenses are issued on the spot while others take longer. The general contractor is commonly responsible for obtaining these permits and schedule necessary inspections. However, the construction contract should include who is responsible for getting the required permits, licenses, and approvals. Businesses without proper approvals or permits can be fined and the construction project ordered to stop. In such cases, it is best to hire a construction litigation attorney to lead the way.

Abandonment claims

Sometimes contractors abandon a project. That is a major concern for all the parties involved in the project. Also, replacing a contractor can be costly. Some contractors may stop working, but that doesn’t mean they abandoned the project. However, a contractor can only leave a project if he or she has a legal excuse to do so.

In construction litigation cases that involve bankruptcy, for example, the abandonment claims may be justified. But in most cases, their licenses can be revoked if there is not a proper legal excuse. Abandonment claims often require the intervention of a qualified construction dispute lawyers since there is much more to either pursue or defend an abandonment claim.

Warranty claims

A warranty is a quality of standard the seller promised and should maintain. It helps the construction industry to protect transactions. Every construction project is covered with some specific warranties. For example, contractors and subcontractors warrant their work will be free from errors, and they promise to abide by the construction contract. Unfortunately, that’s not always the case.

Some vital allegations linked to warranty claims include issues related to the sale, circumstances that involve injury caused by the breach of warranty, and other damages. Any violation of warranty is a breach of contract, and therefore it should be taken seriously.

When a warranty is breached, it can be difficult to determine a fair resolution without consulting a construction litigation attorney equipped to handle these types of cases. An attorney with construction law experience can provide information about your legal rights and explore the legal remedies available.

Zoning violations

Zoning violations are linked to the inappropriate use of land or property. Some specific activities can only take place in zones as defined by state or local codes. Zones can be industrial, agricultural, business, and residential. If the land doesn’t comply with a zoning ordinance, a construction litigation attorney can inform you of your options for construction litigation.

You can avoid zoning law problems before initiating a construction project by studying the area and the construction laws that apply to your specific situation. For example, you may be subject to zoning laws that regulate business signs, parking, air quality, visual appearance, and so on. The advice of a construction lawyer Miami can be beneficial.

Construction lien issues

A construction lien involves claims of those who work on a property and were not paid in full. Even after homeowners have paid the contractors in full, if the subcontractors or other parties were not paid for their work, they might look to your property for payment. In other words, when a lien is filed against your property, your property may even be sold against your will to pay for the service, materials, or labor the contractor failed to pay. Property owners should take some vital steps to protect themselves:

  • Make sure the contractor is trustworthy – You can request proof of completed projects, license number to verify if the license is valid. You should not do business with someone that has a lousy track record as the law may not protect you.
  • Review the construction contract – Make sure it outlines the contractor’s responsibilities. If you don’t understand something, ask a construction litigation attorney before signing the contract.
  • File a notice of commencement – This document is the source of information for potential lienors, and it fixes the time when liens can be attached.
  • Get a list of suppliers and subcontractors – A contractor is responsible for providing you with this list. But owners cannot give direction to subcontractors without adequate approval.
  • Obtain a release from the contractor when a payment is made – Without releases, subs and suppliers may claim against the property amounts owned, even if a payment was made. If you can’t obtain these releases, or if you don’t have sufficient funds, consult your construction litigation attorney immediately.

If a lien is filed or a contractor abandons the project, make sure you hire adequate legal representation.

Insurance coverage disputes

An insurance coverage dispute can sometimes escalate to construction litigation. These arguments may involve a breach of contract, property damage, and insurance coverage for breach of contract claims. The contractor’s insurer, however, can find it difficult to find coverage for these claims. When construction disputes arise, our attorneys are prepared to defend insurance companies or sue them if necessary. While some insurers are fair, other insurers’ conduct towards the insured can be unreasonable. In such cases, the insured’s rights must be enforced to obtain proper financial recovery.

Statute of limitations for construction lawsuits

Construction litigation between homeowners and developers is very common in South Florida. Attorneys, as well as the parties involved in construction litigation, must be aware of the statutes of limitations that apply to their specific case. The statute of limitations can impact the construction lawsuit.

Having an understanding of the statute of limitations can ensure that the legal actions are file promptly. The statute of limitations generally starts on the day the owner occupies the property. The owner has up to 4 years from that date to initiate a lawsuit.

According to Florida Statute 95.11, these are the primary deadlines for construction lawsuits:

  • Four years for actions that involve contractors and construction companies with issues including defective materials, and accidents that caused injury. However, when the defects are latent, it can be extended to 10 years.
  • Two years for wrongful death lawsuits linked to accidents in the construction site.
  • One year for construction disputes concerning lien filings and foreclosure.

Consult a skilled construction litigation attorney Miami for a fair legal solution

A construction lawsuit can involve multiple parties. It is natural for disagreements to arise between contractors, subcontractors and property owners but it can be costly and time consuming to resolve these construction disputes on your own.

While cooperation and other mediation approaches may seem right, there are times when only construction litigation and construction arbitration may work best in these types of cases. At Gallardo Law Firm, we utilize our years of experience in construction litigation to represent clients across South Florida where many construction projects demand a costly and time-consuming legal process.

There are many construction disputes encountered on the job site that only an experienced construction litigation attorney can handle. These disputes may involve both commercial and residential projects, which we are fully equipped to handle thanks to our familiarity with the construction industry.

We understand how these projects work from start to finish and provide representation in all sides of construction disputes. Allow us to develop a competent and cost-effective strategy that helps protect and enforce your rights. Contact construction dispute lawyers for a confidential case evaluation.

FAQS
Construction defects are one of the most common causes of construction disputes. A construction defect goes beyond unreliable workmanship. It also involves flaws in the design, and materials or systems employed that caused damage to an individual or property.
Construction defect claims may include multiple parties such as the developer, builder, and general contractor. These are the parties responsible for a construction defect. There are times when the architects and designers are also involved in the lawsuit.
If you are a homeowner that found out a construction flaw, you can sue the negligent party citing a variety of legal grounds: - Negligence - Breach of contract - Breach of warranty - Strict liability
While an estimate is just a projection of costs, the approximation should not differ significantly from a bill. In cases that involve inaccuracy or overcharges, you should ask a construction litigation attorney about your options.
While a construction contract can be made orally, it is best if all agreements are placed into writing. It helps evidence the terms of the construction contract. Written agreements can be enforced for a more extended period of time than oral agreements. Verbal contracts reduced to writing are not enforceable. Oral contracts are more difficult to enforce mainly because you must prove its existence.
The builder’s warranty helps ensure that the project is completed as per specified set of standards. The warranty covers material and workmanship, and it lasts between one to ten years. It is entirely different from the homeowner’s insurance, which includes other damages. Ask a construction litigation attorney about your builder’s warranty.
You are required to make repairs to lessen any potential damages. However, it is best if you contact a construction lawyer Miami before making such repairs.
A construction site can be a dangerous place. Therefore, measures should be taken to ensure the safety of construction workers. These cases can be complicated because of the multiple parties that can be held liable, including the construction site owner, contractors, subcontractors, manufacturers, suppliers, insurers, engineers and architects.
CONSULT US YOUR CASE