FloridaConstruction Law FAQs
Construction law generally involves the legal issues relating to the construction of a home, building, or other structure. This includes the plans, specifications, contracts, and agreements for the development of a project; disputes, damages, and issues that arise during construction of a project; and defects and claims that arise after construction of a project. In most cases, one party has not complied with its obligations to properly design or build the project or has not paid the companies who performed work. Construction law also includes various insurance and bond claims that arise out of construction projects.
– Adam King, Attorney
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Construction lawyers assist with the review and development of the various contracts and agreements necessary to build homes and other projects; they analyze and help resolve disputes, damages, and issues that arise during construction of a project; and they represent the parties either asserting or defending claims, lawsuits, arbitrations, and other proceedings relating to defects and claims that arise after construction of a project.
– Adam King, Attorney
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The most important consideration is the safety of owners and the general public. Contractors must comply with laws, regulations, Building Codes, standards, and plans so that projects are safely constructed and will perform as designed and intended. Additionally, whether you are building or buying an existing home, building, or other project, it requires a significant investment. It is important that construction is properly performed so the project performs as intended. If not, you have limited time periods within which to assert claims against responsible parties so that you can either have the defects repaired or you can obtain an award of your damages.
– Adam King, Attorney
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It depends on the type of claim you have and your relationship with the builder. If you are the original owner or project developer, you may have contract or warranty rights against the builder for a specified length of time. Even if you do not have a warranty or guaranty, you typically have 4 years from when you first know about the defect or the associated damages to bring a claim. However, in most cases, the Florida statutes will not allow you to recover damages for claims brought later than 10 years after a project’s completion. This is a very fact dependent analysis, so you should consult a licensed attorney for assistance.
– Adam King, Attorney
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The time you have to file a claim is determined by the type of claim you have. In Florida, construction defect claims typically have to be filed within 4 years from when you first know about the defect or the associated damages. Florida also has a “Statute of Repose” that bars certain claims after 10 years from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. Some claims, like payment bond and lien claims, need to be filed within one year. This is a very technical area of law. Therefore, when you first suspect you may have a construction law claim, it is important to consult with a licensed attorney and determine, if you want to assert a claim, how much time you have to do so. If you miss the deadline to file a claim, you may not be able to recover any damages.
– Adam King, Attorney
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Yes. There are a number of claims that subsequent purchasers and owners may be able to assert against a builder, including claims for violating the building code and negligence.
– Adam King, Attorney
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Reputable contractors will stand behind their work and will correct identifiable defects and deficiencies in their work. In most cases, a contractor hires subcontractors to perform work and supply materials, and the contractor can assist you in getting a subcontractor to correct any defective work.
Many defect claims are resolved voluntarily and only require a telephone call or letter. Additionally, before suing a contractor, Florida statutes generally require you to provide the contractor with written notice of the defect and that you give the contractor an opportunity to cure the defect. If these efforts fail, it may be necessary to file a lawsuit or arbitration proceeding. The fees and costs for such a claim are dependent on a number of factors, including the size and complexity of the project, the nature and severity of the alleged defects, and the number of parties involved. Before filing a lawsuit, you need to consider the likelihood of success and the expected costs. Once we have the details regarding your claim, we can provide an estimate of these costs.
– Adam King, Attorney
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Yes. I represent both project owners and the businesses involved in construction.
– Adam King, Attorney
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Florida Business Law FAQs
You should carefully review the summons and any attachments to understand who has sued you, where the lawsuit is pending, and the response deadline. In most Florida state court lawsuits, you must file a motion to dismiss the case or an answer to the complaint within 20 days after service of the summons. You should consult with a licensed attorney to understand your options.
– Adam King, Attorney
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You should carefully review the demand and any attachments to understand who asserted the claim against you, where the arbitration is pending, and the response deadline. The American Arbitration Association (“AAA”) commonly administers arbitration proceedings. AAA has different sets of rules for different types of matters and for varying amounts in controversy. Additionally, you should evaluate whether you agreed to arbitrate the matter in dispute and whether the matter should be resolved in a lawsuit rather than an arbitration proceeding. You should consult with a licensed attorney to understand your options.
– Adam King, Attorney
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Yes, I handle claims against businesses and individuals that are covered by liability or other insurance coverage. I also handle policy holder claims against their own insurance carriers.
– Adam King, Attorney
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Typically, yes. You should obtain an Endorsement on the vendor’s policy instead of a Certificate of Insurance “listing” your company as an additional insured. In most cases, Certificates of Insurance are issued by insurance agents or brokers who do not follow up with the insurer to obtain an additional insured Endorsement. A Certificate of Insurance may not be sufficient to designate you as an additional insured.
– Adam King, Attorney
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Typically, yes if the corporation is going to actively participate in or defend the lawsuit. Although an individual can represent himself/herself as a “pro se” party, courts generally require a corporation to have a licensed attorney as counsel of record in the lawsuit. If the corporation is not going to contest the lawsuit or is out of business, an attorney may not be required to appear as counsel of record. However, you should still consult a licensed attorney regarding your options. For example, if you did not properly wind down the business or made improper distributions of the corporation’s assets, a plaintiff may seek to recover the judgment from the corporation’s officers or directors, individually.
– Adam King, Attorney
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Yes, I handle claims on behalf of commercial landlords and other property owners, and the defense of such claims as well.
– Adam King, Attorney
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Yes, if the non-compete agreement is enforceable and reasonable in the type of prohibited activities, the length of time of the prohibited activities, and the applicable geographic area.
– Adam King, Attorney
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In certain circumstances. Generally, there must be a contract, statute, or other basis to allow a party to recover its own attorneys’ fees from another party. If not, there are ways to “create” a basis for attorney fee entitlement, like Florida’s Proposal for Settlement statutes, which essentially are sanctions for parties who unreasonably reject settlement offers.
– Adam King, Attorney
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