Every construction project is unique. However, there are several key provisions that should be included in nearly every construction contract. Here is what you need to know.

Clearly Identify the Parties

It may seem obvious, but accurately identifying everyone involved in the agreement is critical. For contractors, it’s important to verify that the person signing the contract is the legal owner of the property. Homeowners should also understand exactly who they are hiring. In many cases, the person they meet with may operate through a corporation or limited liability company.

Include a Detailed Scope of Work

A clearly defined scope of work is one of the most important elements of any construction contract. Many construction disputes arise because the finished project does not match one party’s expectations.

The agreement should outline:

• The work being performed.
• Materials and products being used.
• Project specifications and finishes.
• Responsibilities of each party.
• Quality expectations.

Establish the Budget and Payment Terms

Construction projects involve significant financial commitments, making clear payment provisions essential.

The contract should specify:

• The total project price
• Whether pricing is fixed-price or cost-plus
• The payment schedule
• Conditions for progress payments
• Any retainage or final payment requirements

Create a Process for Changes

Changes are inevitable during construction. Homeowners may decide to add features, modify finishes, or alter the design after work has begun. Unexpected conditions may also require adjustments to the original plans.

A strong contract should explain:

• How change requests are made.
• Whether changes require written approval.
• How additional costs will be calculated.
• How changes may affect the project schedule.

Set Realistic Scheduling Expectations

Time is often one of the most sensitive issues in residential construction. Homeowners want projects completed promptly, while contractors must coordinate numerous moving parts to keep work progressing.

A contract should include:

• Estimated start and completion dates.
• Circumstances that may justify delays.
• Procedures for extending deadlines.
• Any penalties or incentives related to completion dates.

Builders should avoid making unrealistic promises simply to secure a project. Conservative scheduling often leads to better outcomes and happier clients.

Include a Dispute Resolution Process

Even the best projects can encounter disagreements. A contract should establish a clear process for resolving disputes before either side resorts to litigation.

Many agreements require parties to:

1. Attempt informal negotiations;
2. Participate in mediation; and
3. Pursue legal action only if earlier efforts fail.

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A construction contract needs to have all the essentials in place in order for it to be effective. You need to ensure each party’s interests are represented and each party’s responsibilities are clearly outlined.

A Florida construction contract lawyer from Linkhorst Law Firm can assist you. You can count on us to be insightful and practical when handling your contract-related concerns. Fill out the online form or call (561) 626-8880 to schedule a consultation.

Source:

finehomebuilding.com/2026/06/01/better-contracts-for-builders-and-clients

A construction bond is a type of surety bond that guarantees certain obligations will be fulfilled during a construction project. A bond involves three parties:

• The principal (the contractor required to obtain the bond)
• The obligee (the project owner or government entity requiring the bond)
• The surety (the company issuing the bond)

If the contractor fails to fulfill its contractual obligations, the surety may compensate the party who suffered damages up to the bond amount.

Types of Bonds

There are several types of bonds are commonly used in construction projects:

• Bid bonds. A bid bond guarantees that a contractor submitting a bid will enter into the contract if selected and will obtain any required performance or payment bonds.
• Performance bonds. A performance bond protects the project owner if the contractor fails to complete the project according to the contract terms.
• Payment bonds. Payment bonds ensure that subcontractors, suppliers, and laborers are paid for their work and materials.
• Maintenance bonds. These bonds provide protection against defects in workmanship or materials that arise after project completion.

Construction bond claims frequently arise from one or more of the following:

• Failure to complete a project
• Failure to meet project specifications
• Defective workmanship
• Delays that violate contract requirements
• Nonpayment of subcontractors or suppliers
• Contract abandonment

Who Can File a Bond Claim?

Parties who may have the right to file a claim include:

• Property owners
• General contractors
• Subcontractors
• Material suppliers
• Equipment suppliers
• Laborers

How the Bond Claim Process Works

While procedures vary, most bond claims follow several general steps:

• Review the bond requirements. The bond and underlying contract often contain specific notice requirements, deadlines, and documentation obligations.
• Provide required notice. Many claims require written notice to the contractor, surety, and other parties within a certain time period.
• Gather supporting documentation. Documentation may include contracts, invoices, change orders, project correspondence, inspection reports, payment records, and photos.
• Submit the claim. The claimant files a formal claim with the surety company, providing evidence of the loss or unpaid amount.
• Surety investigation. The surety typically investigates the claim by reviewing documents, interviewing involved parties, and evaluating whether the bond covers the alleged loss.
• If the claim is valid, the surety may pay the claim, arrange for project completion, or otherwise satisfy its obligations under the bond.

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Contractors may face bond claims if they fail to pay workers, suppliers, subcontractors, and other parties to a job.

A Florida bond claims lawyer from Linkhorst Law Firm can help you with your bond claim. have extensive experience representing parties involved in the prosecution and defense of payment bond and performance bond claims arising from construction projects. Schedule a consultation with our office today by filling out the online form or calling (561) 626-8880.

Source:

levelset.com/bond-claim/

The shaking happened on the evening of June 30. Residents of the Marbella Condo said they became alarmed when their building appeared to tremble during nearby construction activity.

Surfside officials have ordered a temporary halt to construction at a condominium project after residents in a nearby building reported feeling strong vibrations and shaking. The stop-work order was issued by the mayor following complaints from families living near the construction site.

City officials said the pause is intended to allow engineers and inspectors to evaluate whether the work poses any risk to surrounding structures. Authorities emphasized that the decision was made out of caution and that public safety is the top priority.

Engineers are expected to review the site, monitor nearby buildings, and determine whether construction can safely resume. Officials said work will remain suspended until the evaluation is complete and residents’ concerns have been addressed. In the meantime, Surfside is taking a safety-first approach while engineers investigate the reported shaking.

The concerns come as Surfside remains highly sensitive to building safety issues in the wake of the 2021 Champlain Towers South collapse, which killed 98 people. The collapse led to increased scrutiny of construction and structural conditions throughout the area.

Dangers of Condo Collapses

Condominium collapses are rare, but when they occur, they often result in catastrophic injuries, fatalities, and extensive property damage. Because multi-story residential buildings house many people, a structural failure can have devastating consequences for residents, visitors, and first responders.

The greatest danger during a building collapse is being trapped beneath falling concrete, steel, walls, and other debris. Victims may suffer:

• Multiple fractures
• Crush syndrome
• Internal organ injuries
• Spinal cord injuries
• Traumatic amputations
• Fatal injuries

People inside a collapsing building may become trapped for hours or even days. Survivors can face:

• Limited access to food and water
• Dehydration
• Exposure to extreme temperatures
• Difficulty breathing due to dust and debris
• Delayed medical treatment

Even a partial structural failure can send concrete, glass, balconies, bricks, and other materials crashing to the ground. Falling debris can seriously injure:

• Residents
• Visitors
• Construction workers
• Pedestrians
• Emergency responders

While every incident is unique, structural failures are often linked to:

• Deferred maintenance and neglected repairs
• Corrosion of steel reinforcement
• Water intrusion and concrete deterioration
• Design or engineering defects
• Construction errors
• Foundation movement or soil instability
• Overloading of structural elements
• Failure to comply with building codes
• Damage from severe weather, flooding, earthquakes, or fires

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Condo collapses are often caused by defects. When a building is not constructed property, its structural integrity can be compromised.

If you have been affected by any type of construction defect,  contact a Florida defective construction claim lawyer from Linkhorst Law Firm. Whether you are a homeowner or construction professional, we can help defend your case. Schedule a consultation today by filling out the online form or calling (561) 626-8880.

Source:

cbsnews.com/miami/news/surfside-mayor-halts-construction-near-condo-after-families-felt-building-shake/

A good contract can help prevent disputes, but sometimes certain clauses cause more harm than good. Three of the most commonly litigated clauses involve payment, change orders, and indemnification. Carefully negotiating these contract provisions before work begins can help clarify expectations, allocate risk fairly, and reduce the likelihood of expensive construction litigation.

Payment Provisions

Payment terms are among the most important parts of any construction contract. Contractors and subcontractors rely on timely payments to keep projects moving and maintain cash flow. When payment is delayed, they may effectively end up financing the project themselves.

One of the most controversial provisions is the pay-if-paid clause, which makes a subcontractor’s payment contingent on the owner paying the general contractor. Because these clauses can shift significant financial risk, many parties seek alternatives that provide better protection. Contracts should clearly outline payment deadlines, interest on late payments, and remedies if payment is withheld. For example, allowing work to be suspended after proper notice can help prevent contractors from continuing to perform work without compensation.

Change Order Provisions

Disagreements over change orders often arise when the original scope of work is vague or incomplete. If the contract does not clearly define what work is included, the parties may disagree over whether additional work is part of the original agreement or constitutes a change requiring additional payment.

A well-drafted contract should establish a clear change order process. Every change order should describe the additional work, identify any adjustments to the contract price, and specify whether the project schedule will change. Requiring all change orders to be approved in writing before the work begins can help avoid misunderstandings and disputes later in the project.

Indemnification Clauses

Indemnification provisions determine who is financially responsible when claims arise from accidents, property damage, or other losses during construction. While most parties expect to be responsible for their own negligence, disputes often occur when one party is asked to assume liability for another’s actions.

Many states have enacted anti-indemnity laws that limit or prohibit certain broad indemnification provisions, although the rules vary by jurisdiction. Before signing a construction contract, parties should carefully review indemnification language to ensure they are not accepting unnecessary liability. Narrowly tailored provisions that allocate responsibility based on each party’s own conduct are generally less likely to result in disputes than broad, one-sided indemnity clauses.

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Construction contracts can be complex and hard to understand. It is important to have a solid, clear contract in place to prevent misunderstandings.

Count on a Florida construction contract lawyer from Linkhorst Law Firm to guide you through the process. You can count on us to be insightful and practical when handling your contract-related concerns. To schedule a consultation, fill out the online form or call (561) 626-8880.

Source:

mbcea.org/blog/construction-contract-disputes-clauses

A reliable construction document management system helps organize, store, track, and share project information throughout every phase of construction. Implementing the right system can improve efficiency, reduce costly mistakes, and help teams stay aligned from project planning through closeout.

While paper systems were once standard across the construction industry, they often created storage problems, slowed communication, and increased the risk of lost or outdated information.

The shift toward digital document management has transformed how construction teams operate. Electronic systems provide multiple advantages over paper-based methods. Digital documentation also simplifies future project planning because teams can quickly reuse templates, specifications, and historical data from previous projects.

Key Benefits of Construction Document Management

Improved Communication

Construction projects involve many different stakeholders, including contractors, subcontractors, architects, engineers, project managers, accountants, and field crews. Effective document management improves communication between all parties by ensuring everyone has access to accurate and updated information.

Better Cost Control

Poor communication and outdated documents frequently contribute to cost overruns. Centralized document management helps teams stay informed about changes, deadlines, and budget updates, reducing unnecessary expenses caused by rework or scheduling conflicts. This means tasks can be completed more efficiently and costly mistakes can often be avoided.

Reduced Errors and Rework

Mistakes in construction can lead to delays, lawsuits, insurance claims, and major financial losses. One of the biggest causes of rework is poor version control, where workers rely on outdated drawings or specifications. Electronic document management systems reduce these risks by ensuring teams always have access to the most current information.

Improved Accessibility

Cloud-based document management systems make it easier for authorized users to access files from anywhere. Instead of relying on physical paperwork or long email chains, project teams can securely review, sign, and share documents online.

Easier Audits and Compliance

Construction companies frequently deal with audits, compliance requirements, and contract disputes. Organized documentation helps contractors demonstrate compliance with project specifications, labor laws, safety regulations, and financial reporting requirements.

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Construction projects require contracts, change orders, material lists, and other documents. Keeping track of everything can be difficult, which is why staying organized through technology and other tools is key.

A Florida construction lawyer from Linkhorst Law Firm can address your concerns. We have experience handling the full range of agreements and actions it takes to complete a modern construction project. We can help you avoid disputes, which can be costly in terms of time and money. Schedule a consultation with our office today by filling out the online form or calling our office at (561) 626-8880.

Source:

autodesk.com/blogs/construction/construction-document-management/

One of the most common overlooked costs is the land itself. The purchase price is only part of the equation. Site preparation, grading, tree removal, soil testing, and utility connections can add significantly to your budget. If the lot is in a rural or undeveloped area, bringing in water, sewer, or electricity may be especially expensive.

Design changes are another major source of unexpected expenses. While it is natural for a buyer to refine their vision as the project progresses, even small modifications can lead to additional labor, material costs, and delays. Upgrades such as higher-end finishes, custom cabinetry, or expanded square footage can quickly push the project beyond the original budget.

Permits, fees, and inspections are also easy to underestimate. Local regulations often require multiple approvals throughout the building process, and costs can vary depending on location and project complexity. Impact fees, environmental assessments, and zoning requirements may further increase expenses.

Labor and material costs can fluctuate over time, especially in a changing economy. Supply chain issues, seasonal demand, or shortages of skilled workers can all drive prices higher than expected. These variables make it important for buyers to include a contingency fund in their budget.

Another commonly missed expense is landscaping and exterior work. Driveways, walkways, fencing, and outdoor living spaces are often not included in base construction estimates but are essential to completing the home. Interior finishing touches, such as window treatments, lighting upgrades, and appliances, can also add up quickly.

To avoid surprises, it is important for buyers to plan ahead and work closely with professionals, including builders. Start by building a detailed budget that accounts for both expected and potential costs. Setting aside a contingency fund can provide a financial cushion for unexpected issues.

Clear communication with the builder is key. Ask for a comprehensive breakdown of what is included in the contract and what is not. Reviewing allowances for materials and finishes can help ensure they align with the buyer’s expectations and prevent costly upgrades later.

Homeowners also need to spend time researching local requirements and conditions before construction begins. Understanding zoning laws, permit processes, and site-specific challenges can help anticipate costs and avoid delays.

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Many contractors want to get their clients the best price possible on a new home, but building one is not cheap. There are so many expenses involved, so it is crucial that you keep track of them all so you do not end up footing the bill.

Dealing with cost-related issues on your construction project? Count on a Florida construction lawyer from Linkhorst Law Firm to have the expertise and knowledge to address your concerns and answer your questions. Get your project back on track with our help. To schedule a consultation with our office, call (561) 626-8880 or fill out the online form.

Source:

schumacherhomes.com/blog/hidden-costs-of-building-a-custom-home-and-how-to-avoid-them

A road improvement project in Melbourne that was expected to cost nearly $900,000 is facing additional setbacks after county officials revealed that some of the completed work must be rebuilt due to construction defects.

The project was already about a year behind schedule after the contractor halted work, blaming staffing shortages. Now, Brevard County officials say crews are fixing problems involving pavement grading, drainage systems, and curbs along Wickham Road.

The county said the original contract was valued at nearly $900,000 and that more than $445,000 had already been paid to the contractor before work came to a stop. Payments were suspended after the contractor abandoned the project.

Drivers traveling through the construction zone said the delays and ongoing work have become a major frustration. One frustrated driver stated that “It’s always been a mess. Now it’s even worse,”

Some residents also questioned how the contractor was chosen and whether taxpayers may end up covering additional expenses caused by the repairs and delays. County officials said the contractor could ultimately be required to reimburse the county depending on the final cost of correcting the defective work.

Despite the setbacks, the county said crews are continuing efforts to complete the project and hope the roads and new turn lanes will be open within the next month.

Construction Project Delays

Construction project delays can happen for many reasons, ranging from labor shortages to design problems and severe weather. In some cases, delays are minor, but others can significantly increase costs and disrupt traffic, businesses, or nearby residents.

Common causes of construction delays include:

• Labor shortages or staffing problems
• Poor workmanship requiring repairs or reconstruction
• Supply chain disruptions and material shortages
• Weather conditions such as heavy rain or storms
• Permit or inspection issues
• Design changes or engineering errors
• Contractor disputes or abandoned projects
• Unexpected site conditions, including underground utility conflicts

Road construction delays can create major inconveniences for drivers, including traffic congestion, detours, reduced access to businesses, and safety concerns in active work zones.

When projects fall behind schedule, local governments may impose penalties on contractors, withhold payments, or require companies to cover the cost of corrective work. In larger public projects, delays can also increase taxpayer expenses if additional labor, materials, or repairs are needed before completion.

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Construction projects need to be done with high levels of workmanship. When defects or poor workmanship occur, they can lead to rework and delays.

A Florida defective construction claim lawyer from Linkhorst Law Firm can assist you. We represent contractors, subcontractors, and homeowners in construction defect disputes. You can be sure your defective construction issue is handled correctly at every stage. To schedule a consultation with our office, give us a call at (561) 626-8880 or fill out the online form.

Source:

fox35orlando.com/news/melbourne-road-project-faces-more-delays-after-faulty-work-discovered

Leaking sliding glass doors can result from something simple, like dirt buildup or improper installation. In some cases, though, these doors may develop defects in their design, manufacturing, or installation. This can lead to financial issues caused by safety hazards and property damage. Here is a look at some possible defects in sliding glass doors.

Defective Glass

One of the most serious defects involves the glass itself. Tempered glass is designed to shatter into small pieces rather than large, sharp shards. However, manufacturing flaws can cause glass panels to break unexpectedly and without warning. In some cases, homeowners have reported sliding glass doors “exploding” even when no one was touching them.

Potential causes include:

• Manufacturing defects in tempered glass.
• Microscopic cracks or imperfections.
• Improper heat treatment during production.
• Damage sustained during shipping or installation.

Faulty Rollers and Tracks

Sliding doors rely on rollers and tracks to open and close smoothly. Defects in these components can lead to:

• Doors that stick or jam.
• Difficulty opening or closing.
• Excessive wear and tear.
• Doors coming off their tracks.

A malfunctioning sliding door can become a safety risk, especially during emergencies when occupants need a quick exit.

Defective Locks and Latches

Poorly designed or manufactured locking mechanisms can leave homes vulnerable to break-ins. Common issues include:

• Locks that fail to engage properly.
• Latches that break under normal use.
• Misaligned locking systems.
• Hardware corrosion.

These defects can compromise both security and occupant safety.

Water Intrusion Problems

Improperly designed or manufactured sliding doors may allow water to enter a home during rainstorms.

Consequences can include:

• Damage to flooring and drywall.
• Mold and mildew growth.
• Wood rot.
• Structural deterioration.

Water intrusion issues are often linked to defective seals, drainage systems, or installation errors.

Frame Defects

The door frame itself may contain defects such as:

• Warping
• Cracking
• Corrosion
• Poor welds or joints

Frame defects can affect the door’s operation and may eventually require complete replacement.

Installation Defects

Even a properly manufactured sliding glass door can fail if it is installed incorrectly. Common installation problems include:

• Improper leveling.
• Inadequate flashing.
• Poor sealing.
• Incorrect anchoring

Potential Issues

Defective sliding glass doors can lead to:

• Lacerations from shattered glass.
• Falls caused by malfunctioning doors.
• Finger and hand injuries.
• Property damage from water intrusion.
• Security-related losses following break-ins.

Contact Us Today

Defects can occur in many ways. Sliding glass doors can be defective if they are not installed properly or if there are design deficiencies.

If you are a contractor dealing with defects on a construction project, get the help you need from a Florida defective construction claim lawyer from Linkhorst Law Firm. We use our comprehensive knowledge of construction defect law to obtain a fair resolution that covers the full scope of our client’s losses. Schedule a consultation with our office today by filling out the online form or calling (561) 626-8880.

Source:

angi.com/articles/water-coming-under-sliding-glass-patio-door-rotting-hardwood-floor.htm

The Florida Homeowners’ Construction Recovery Fund was established to help consumers who suffer financial damages because of misconduct by licensed contractors. The fund, administered through the state’s contractor licensing system, may reimburse eligible homeowners who obtain a qualifying judgment or restitution order against a contractor but are unable to collect directly from that contractor.

For many victims of construction fraud or negligence, the program represents a last resort after expensive legal battles. Homeowners often spend months or even years trying to recover money lost to abandoned projects, code violations, defective construction, or contractors who fail to complete agreed-upon work.

While the fund can provide meaningful assistance, reimbursement caps and eligibility requirements mean that homeowners frequently recover only a portion of their actual damages. Construction defects can cost tens of thousands and even hundreds of thousands of dollars in some cases to repair. This leaves many families responsible for significant out-of-pocket expenses even after receiving compensation from the fund.

Consumer advocates say the situation highlights the financial risks associated with home construction and renovation projects. Florida continues to experience rapid residential growth and a high volume of construction activity, increasing the likelihood of disputes between homeowners and contractors. State officials have reported millions of dollars in claims paid through the recovery fund in recent years, demonstrating both the demand for the program and the widespread nature of construction-related disputes.

Experts recommend that homeowners thoroughly vet contractors before signing agreements. Verifying licenses, checking references, reviewing complaint histories, obtaining detailed written contracts, and documenting all project communications can help reduce the risk of becoming a victim of contractor misconduct.

Homeowners who believe they have been harmed by a licensed contractor may need to pursue legal action, arbitration, or administrative remedies before becoming eligible for reimbursement from the recovery fund. Because the claims process can be complex, consulting an attorney or construction law professional may help homeowners understand their rights and maximize potential recovery.

Although the Florida Homeowners’ Construction Recovery Fund can provide valuable financial assistance when a contractor’s misconduct causes significant losses, many homeowners say the program serves as only a partial solution. For families facing costly repairs or unfinished homes, the fund may help ease the burden but it often does not make them financially whole.

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The Florida Homeowners’ Construction Recovery Fund can be helpful for homeowners who have projects abandoned by contractors, but receiving compensation is not an easy process.

If you are a contractor who is facing claims from homeowners, seek legal help from a Florida contractor representation lawyer from Linkhorst Law Firm. We provide sound legal guidance and strong representation in construction transactions and disputes. To schedule a consultation with our office, call (561) 626-8880 or fill out the online form.

Source:

winknews.com/wink_investigations/help-but-not-whole-inside-florida-s-homeowners-construction-recovery-fund/article_4a4530df-ac7e-4319-8cff-b10c8b59bdbf.html

Arbitration and mediation are both forms of alternative dispute resolution used to settle conflicts outside of court, but they function very differently. Mediation is an informal, collaborative process where a mediator helps the parties negotiate a mutually acceptable agreement, but does not impose a decision. Arbitration is a more formal process where a neutral arbitrator reviews evidence and arguments from both sides and issues a binding decision, similar to a private judge. Here is what else you need to know.

Pros of Arbitration

Faster Resolution

One of the biggest advantages of arbitration is speed. Court cases can take years due to crowded dockets and procedural requirements. Arbitration, on the other hand, typically moves faster because it avoids many formal legal steps, helping parties resolve disputes more efficiently.

Lower Costs

Arbitration is often promoted as a cost-effective option. By streamlining procedures and limiting extensive filings or discovery, parties may reduce legal fees and administrative expenses. Faster resolutions also mean less financial strain over time.

Greater Flexibility

Arbitration allows parties to customize the process by choosing timelines, procedures, and even the arbitrator. This flexibility can make dispute resolution more efficient and tailored to the project’s needs.

Privacy and Confidentiality

Unlike court proceedings, arbitration is typically private. This helps protect sensitive business information and prevents reputational damage that could arise from public litigation.

Cons of Arbitration

Limited Right to Appeal

While finality can be beneficial, it is also a major downside. Arbitration decisions are difficult to challenge, even if the arbitrator makes an error in fact or law. This lack of appeal can be frustrating and even risky.

Potentially High Costs

Despite its reputation as a cheaper alternative, arbitration can become expensive. Parties must pay arbitrators, administrative fees, and legal costs. In complex cases, these expenses may equal or exceed litigation costs.

Unpredictability

Arbitrators are not always required to strictly follow legal precedent, which can lead to inconsistent or unpredictable outcomes. This flexibility can be helpful—but also risky.

Contractual Limitations

Some construction contracts impose strict preconditions before arbitration can begin, such as requiring disputes to go through an architect or project manager first. Failing to follow these steps can delay or even prevent arbitration

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Arbitration is sort of a mix between mediation and litigation. While it can be helpful for many cases, it can be more costly and unpredictable than mediation.

If you are facing a construction legal issue, you need to understand your options. Get in touch with a Florida contractor representation lawyer from Linkhorst Law Firm today. We have the expertise and knowledgebase to handle your construction-related legal concerns. Fill out the online form or call (561) 626-8880 to schedule a consultation.

Source:

bcm.nacm.org/arbitration-of-construction-disputes-benefits-and-drawbacks/