Seek Legal Advice Early to Resolve Florida Construction Disputes
A Florida construction project involves numerous steps and requires multiple parties to achieve the end result, including contractors, subcontractors, property owners, and other stakeholders. As a result of these various stages and interconnected relationships, it is possible – and even probable – that disputes will arise over the details. As a contractor, your natural impulse is to correct issues and appease the client; you want your customer to be satisfied. Often, your actions will be sufficient for resolving the disagreement.
However, there are other scenarios in which your efforts will not be enough to make the client happy. Your customer could be looking for some justification that will convince you to discount your service or toss something in for free. This point may cross the line in terms of your willingness to appease, and your business could even suffer a loss. Therefore, it is important to reach out to a Florida attorney who focuses on contractor representation as soon as a dispute develops. An overview should help you understand why.
Common Construction Dispute Scenarios: Many conflicts contractors face will stem from:
- Delay claims regarding timing and efficient performance of essential construction tasks;
- Disagreements over bids for public construction projects, especially bid bond disputes;
- Issues under Florida’s Construction Lien Law, which establishes the rights of contractors, subcontractors, and construction professionals;
- Disagreements and claims of breach of a construction contract;
- Breach of warranty issues and allegations of defective construction under Florida law on construction defects; and,
- Disputes regarding relationships with construction design professionals, including architects, interior designers, and engineers.
Strategies to Resolve Disputes Before Litigation: Whether you run into any of the above conflicts or some other disagreement, make it a priority to reach out to a contractor representation lawyer right away. It is sometimes possible to smooth over disputes when you have your attorney take the lead in conversations or send a strongly worded letter to the other party. However, there are additional remedies that may work to move the process forward and protect your business, such as:
- Mediation: Through this process, the parties talk over their issues with a neutral mediator who can guide the discussion toward productive compromise.
- Arbitration: Essentially an informal trial with looser procedural rules, arbitration allows the parties to present their evidence and testimony before a panel of individuals. Once they hear both sides, the arbitrators will issue a decision – which could be binding depending on the arrangement.
- Litigation: When other options fail, you may need to file a lawsuit in court to resolve your dispute. Because of the cost and time involved, it is worthwhile to exhaust all other remedies before resorting to a suit.
Reach Out to a Florida Contractor Representation Lawyer Right Away
Construction disputes can quickly bring a project to a grinding halt, leading to schedule disruptions and additional costs. If you encounter a disagreement and need assistance with resolution, you can count on our team at Linkhorst Law Firm, P.A. for assistance. Please contact our offices today to schedule a consultation with a skilled Florida contractor representation attorney who can advise you on your options.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/0713PartIContentsIndex.html&StatuteYear=2020&Title=%2D%3E2020%2D%3EChapter%20713%2D%3EPart%20I