We Resolve Construction Disputes and Keep Projects on Track
Property developers, builders, contractors, investors, and lenders understand that disagreements and disputes are a part of life on a construction site. Still, they also can threaten the long-term viability of a project if not resolved effectively. A Melbourne construction litigation attorney from our firm can help you navigate through disputes.
At Lacey Lyons Rezanka, we help a wide range of businesses proactively address the legal issues related to construction and similar projects. We are seasoned attorneys who combine decades of legal experience to assist clients in navigating the legal landscape. We understand the on-the-ground realities that come with operating a business in Florida, and we work aggressively to help clients meet their specific goals.
Construction disputes often raise several contract-related issues that are common in a variety of industries. But the law is also uniquely complex when it comes to interpreting and enforcing legal agreements related to building projects. It is important that anyone negotiating a construction contract or locked in a building contract dispute seek the advice of a seasoned construction litigation lawyer.
Lacey Lyons Rezanka will take the time to understand your specific situation and tailor a strategy to your individual needs.
Common Construction Disputes in Florida
Disputes in the construction industry are prevalent, below are common issues we see:
- Payment and collection: Prompt payment is essential to the smooth functioning of a construction project. A party to a construction contract who does not get paid on time has several legal tools, including construction liens, to help ensure payment.
- Change orders: Circumstances often require an initial agreement to be updated or supplemented based on the need for or availability of materials and labor.
- Performance bonds: A performance bond is issued as a guarantee against the other party’s failure to meet obligations specified in the contract.
- Construction defects: Whether in the design, materials, or construction, defects can cause serious slow downs on a project and raise safety and liability issues long after the work is completed.
- Construction delays: Many construction contracts include provisions limiting the ability to seek legal remedies for delays, but those limits do not apply to situations involving fraud, interference, and other willful actions.
- Designer, architect, engineer malpractice: Certain professionals are required to use what courts call “due care” in carrying out their duties on a construction project.
- Breach of contract: A party to a construction contract that does not live up to its end of the bargain faces potential legal action for money damages and other remedies.
- Personal injury: Accidents can and do happen on construction sites. They can often lead to disputes about who is liable when a visitor, construction worker, or other person is injured.
Your Melbourne construction litigation attorney will also guide you through the process of resolving a dispute, keeping you apprised of your rights and options at every step. We have dedicated our careers to assisting the businesses that are the lifeblood of the region.
Legal Issues with Construction Liens
Liens are an effective legal tool, commonly used by contractors and subcontractors who have not been properly paid for their work. Florida law imposes some potentially costly penalties on property owners for nonpayment.
A lien is a security interested in the underlying property on which the work is being performed. A contractor or subcontractor who has not been paid can go through a legal process to obtain a lien on the property where the work was performed.
If done correctly, the lien stays on the property even if it is sold. This creates an incentive for the owner to pay what is owed in order to get the lien removed before anyone will be interested in buying the property. An owner may be forced to pay up to double the amount owed to get the lien removed.
It is important to understand that time is of the essence when it comes to liens. Contractors and subcontractors face strict deadlines for seeking a lien in court. The timeline starts with a notice of commencement, filed by the property owner at least 90 days before the work begins. It includes the recording of the lien by the contractor subcontractor within 90 days after the work ends. The lien must be served on the owner within 15 days and remains effective for one year. A person or entity with an enforceable lien can also sue for breach of contract to get the property owner to make payment.
Lacey Lyons Rezanka can help you explore using a lien and other tools to get the payments you are owed.
How a Melbourne Construction Litigation Attorney Can Help
At Lacey Lyons Rezanka, we are a full-service law firm whose attorneys help clients navigate the complete spectrum of legal issues that can arise for companies involved in building and construction.
Our firm prides itself on serving as trusted advisors to the businesses we represent, often in relationships that span years. We are committed to providing proactive legal services, drafting and reviewing contracts to ensure that our clients’ rights and interests are protected, and identifying and resolving possible issues as early as possible.
A Melbourne construction litigation lawyer at our firm can help you address any legal disputes that arise as efficiently as possible to avoid derailing a construction project. We can help you reach a mutually agreeable solution through a negotiated settlement, but it can also require going to court. Our lawyers are seasoned negotiators and accomplished litigators who have helped a wide range of businesses throughout the region.
Speak with a Melbourne Construction Litigation Attorney at Lacey Lyons Rezanka Today
If you are locked in a construction dispute, looking to navigate various legal issues that come with your business activities, or simply want to better understand your legal rights and options, Lacey Lyons Rezanka can help.