Construction disputes can arise when there is a breach of contract, construction defects, non-payment issues, warranty issues and a number of other complexities that can affect a construction project. With an experienced construction law attorney, contractors, subcontractors, suppliers, developers, owners, and lending institutions receive guidance throughout all phases of construction disputes, including lien and bond/surety claims.
Unlike in our personal injury practice, where we only represent the injured plaintiff, in our construction law practice, Goldstein, Buckley, Cechman, Rice & Purtz construction law attorneys represent either side when there is a valid claim to be disputed.
Florida has specific pre-suit requirements when it comes to construction defects, which are governed by Chapter 558 of the Florida Statutes. This statute applies to a contractor, subcontractor, supplier, or design professional who is responsible for the defect. The law mandates that they be given Notice and an Opportunity to Repair the defect before a lawsuit is filed against them. We also assist contractors with properly responding to a 558.04 Notice so hopefully a lawsuit can be avoided.
Construction or Mechanic’s liens as they are sometimes known are governed by Florida Statutes Chapter 713. There are specific time periods in which the contractor, subcontractor, materialman (supplier), or laborer must notify the owner that they have the right to file a lien, rules which govern when the claim of lien must be recorded against the property, and finally a time limit for when a lawsuit to establish the lien must be filed. Actions such as serving a Request for a Sworn Statement of Account or a Notice of Contest of Lien can affect the amount of time the lienor has to perfect the lien. A small technical defect in preparing or responding to a Claim or Lien can render the lien invalid. Let one of our construction law attorneys help ensure that your lien is enforceable, or protect you from an improperly made claim.
Construction matters are often centered on signed contracts. Goldstein, Buckley, Cechman, Rice & Purtz can advise you when entering into contractual agreements throughout any phase of the construction process, whichever side you happen to be on. This is important whether you are building a custom home or a commercial building, such as an office or shopping center.
Our attorneys have also represented contractors in disputes with licensing authorities to ensure that a fair and proper resolution of the matter is obtained.
Goldstein, Buckley, Cechman, Rice & Purtz, P.A. has six offices in Southwest Florida. The offices are located in Fort Myers (two offices to serve you), Cape Coral, Naples, Lehigh Acres, and Port Charlotte for your convenience. Call us first at 800-332-9404 or fill out a simple case form today.