Common Issues that Lead to Construction Litigation
Disputes and issues occur frequently in the construction industry. While most of the issues can be resolved outside of court, many issues do not settle and come to a resolution through construction litigation cases. Our West Palm Beach construction litigation attorneys have represented developers, designers, contractors and even home and business owners. Today, we will show you some of the common issues that result in construction litigation.
Delays in Timeframe
Planning and scheduling are important parts of managing a construction project. If projects go beyond the date of completion or fall behind schedule, lawsuits can arise.
Issues such as weather delays, and having to wait for materials, or for a contractor to complete a portion of a project before other portions can be initiated are problematic issues within the construction industry.
Design defects and flaws are a common reason for lawsuits in the construction industry. Incomplete and poor design costs more money to correct. To hold someone accountable, lawsuits are sometimes necessary.
However, it is important to point out Florida law surrounding lawsuits for design defects.
It is a statutory requirement that a person or entity may not file a lawsuit without first filing and serving a written notice of claim for the alleged defects. The notice of claim must be served at least 60 days prior to filing a lawsuit. If the suit involves an association, like a homeowner’s association, representing more than 20 parcels, the notice of claim must be served 120 days prior to filing suit.
Failure to Pay
When a person or entity fails to pay a contractor for performance, the contractor can attach a construction lien or mechanic’s lien to a property, such as a home.
Florida Statute 713.08(4)(c) requires the contractor to provide notification of the lien prior to applying the lien to the property or within 15 days of recording the claim with the Clerk & Comptroller Palm Beach County.
If the contractor does not adhere to this requirement, the lien is voidable.
How to Fix Construction Issues
Communication and documentation are the keys to resolving construction issues from the beginning of the project. Unfortunately, construction issues and disputes can last for months or years, even after the project is complete.
Although lawsuits by way of construction litigation are an option, the Florida Legislature finds that it benefits all parties to resolve construction disputes with alternative methods to dispute resolution like mediation or arbitration. This process should begin with a claimant filing a notice of claim as well.
Let Us Help You Today
Contact the West Palm Beach construction litigation attorneys at Kelley Fulton Kaplan & Eller for your construction industry disputes and issues. We will work closely with you to discover the best plan of action to take to best resolve your disputes while only keeping your best interests in mind. Take the time to protect yourself and your assets and give us a call today for a consultation at 561-264-6850.