Florida Construction Law
It can be difficult to find an experienced attorney to handle construction defect claims or to defend your company against such claims. Many law firms cater to larger businesses because they typically have numerous on-going legal matters and they are not as sensitive to legal rates and costs. My firm’s focus is to fill the need for efficient and cost-effective legal assistance for small to mid-size construction firms, property owners, and homeowners.
My experience includes advising and representing project owners, developers, general contractors, subcontractors, homeowners, insurance carriers, and sureties with respect to commercial developments, high-rise buildings, hotels, condominium projects, homeowners’ association complexes, apartments, custom homes, and environmental remediation sites. A key focus of this work included evaluating and prosecuting indemnity, additional insured, subrogation rights, and negligence claims against design professionals, engineers, contractors, subcontractors, and product manufacturers.
My firm provides personalized and focused attention that you typically do not get at a large firm. Below are examples of the types of matters I can assist you with:
Construction Defect Claims
I have spent the majority of my legal career litigating construction defect claims. I have represented most if not all of the various types of parties involved with construction claims. I have worked for plaintiffs seeking to recover damages for defect claims and defendants attempting to minimize their liability for damages. I have experience in state court, federal court, Federal Multi-District Litigation proceedings, and arbitration proceedings. I have handled design defects, construction defects and deficiencies, submittal errors, material defects, casualty claims, and storm damages, among others. Whether you are a homeowner with a roof or stucco defect or a construction company that has received a defect claim or Chapter 558 notice, I have the background and experience to effectively and efficiently handle your claim.
Collecting Unpaid Payment Applications
Almost every sizable construction job involves delays in payments to general contractors, design professionals, subcontractors, suppliers, laborers, and vendors. When a payment issue first arises, you need to begin evaluating your options so you maximize your chances of getting paid. You need to ensure that you have complied with all of your contract obligations and you need to evaluate the real reasons payments are being withheld. It may be necessary to file a Claim of Lien, a payment bond claim, or a lawsuit or arbitration proceeding. Some owners and projects simply run out of funding, and when they do, you need to be proactive, so your claim is at the front of the line of creditors. I have many years of experience collecting unpaid payment applications and can help you enforce your right to payment.
Drafting Construction Contracts
Cutting costs is a common task for business owners, but you should avoid skimping on costs to draft quality construction contracts. Construction firms typically use a few form-typecontracts for all of their jobs. Therefore, if there is a problem with a form contract, it can carry over to many projects over an extended period of time. You don’t want to wait until a dispute or claim arises to learn that your contract is not ideal. Relatively simple changes like updating defense and indemnity obligations, supplementing subcontractor insurance and additional insured requirements, or disclaiming certain warranties can have a significant impact on future disputes. I have spent over 15 years litigating a wide-range of construction contract disputes, and I can use this knowledge to draft a new contract or revise your current contract so that you can enforce your contract when you don’t get paid or when you need to pass though liability to downstream parties.
As a business owner, you know the types of risks you face and the common types of claims and disputes you are faced with. It is not costly to review those risks with an attorney and to determine what can be done to protect your business if such a claim or dispute arises.
Being proactive gives you the ability to evaluate the risks and how to protect your business from potential liabilities. Once a claim or dispute arises, the rights of the parties are typically established, and you have lost the ability to control your liability and the resulting costs. In addition to protecting your rights, there is also significant peace of mind in knowing you have evaluated your risks and that you are prepared to handle them.
Evaluating Insurance Coverage and Additional Insured Rights
Because construction-related lawsuits are so common, it is essential to evaluate your insurance coverage and to make sure you obtain additional insured coverage from subcontractors and other companies that work for you. A simple insurance policy endorsement can make the difference in you and your insurance carrier having to pay a six-figure sum to defend a claim versus your subcontractor or its insurance carrier having to do so. This is another aspect of running your business in which you do not want to wait for a problem to arise before taking reasonable steps to protect your company.
Defending Lawsuits and Arbitration Proceedings
I have over 15-years’ experience defending a wide-range of construction lawsuits, including contract disputes, construction defect claims, indemnity claims, and collection of contract balances, among others. I have served as private counsel and insurance company appointed defense counsel in state court lawsuits, federal lawsuits, and arbitration proceedings. My goal is to use my background and experience to get you out of a lawsuit as quickly and cost- effectively as possible.
It is critical to develop a good strategy and exit plan at the beginning of a lawsuit. It is also necessary to determine if there are any other parties that may be required to defend or indemnify you. I have substantial experience enforcing defense obligations and indemnity rights, including handling declaratory actions against insurance companies that fail to honor their defense or additional insured obligations.
If your attorney is not proactive with your defense, your case can drag out several years, and the legal fees and costs can vastly exceed the amount of the underlying claim. Additionally, as the other side’s attorney’s fees and costs accumulate, it can become more and more costly and difficult to settle a lawsuit. So, the farther into the dispute you are, the more difficult it is to resolve the claim. Having seen these types of circumstances, I can help you navigate a better course.
Concluding Thoughts
I’m happy to structure my services to meet your company’s needs, whether that is just answering simple questions or serving as your company’s general counsel. I’m upfront about legal fees and costs, and I want to make sure you always get a good value for the services my firm provides. After a consultation, I can give you an outline of potential options and the associated legal fees so you can decide what is best for your company. I want to build long-term and productive relationships with my clients and transparency is one critical focus of my pursuit of that goal. Please schedule your no-cost consultation using the form below or contact me at 813-825-0405 or aking@akinglegal.com if I can assist you.
– Adam C. King, Florida Construction Attorney
Adam King, Specializing in Florida Business Law
Hi, I’m Adam King. I have more than 20 years’ experience with business disputes and litigation. As a small firm owner, I have many of the same concerns as my small business clients. My goal is to use this knowledge and experience to help you navigate the issues facing your business.
If you are planning on starting a new business or need representation for your current concern, please schedule your consultation today!
Florida Construction Law FAQs
Yes. Please call me if you think you may need assistance from an attorney with respect to a construction law or business matter. If I don’t handle the type of matter you need assistance with, I may be able to point you in the right direction to find someone else who may be able to assist you.
Do you have a construction Law issue that may require an experienced construction law attorney? Requesting your consultation with Adam King is the first step in resolving your construction law issue!
– Adam King, Attorney
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My law practice for over 15 years predominately focused on construction litigation and defect claims. I represented project owners, developers, general contractors, subcontractors, insurance carriers, and sureties with respect to commercial developments, high-rise buildings, hotels, condominium projects, homeowners’ association complexes, apartments, custom homes, and environmental remediation sites. My experience includes evaluating and prosecuting indemnity, additional insured, subrogation rights, and negligence claims against design professionals, engineers, contractors, subcontractors, and product manufacturers. I have handled almost every aspect of a construction law claim, ranging from demands to cure defects through trial and collection of judgments.
– Adam King, Attorney
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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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Please bring the materials you need to explain the matter you need assistance with. For example: the court summons, complaint, or other document that you received; contracts; demand letters; insurance policies; timelines/notes, damage calculations and supporting documents; and the documents with the full names and contact information for any other parties involved.
– Adam King, Attorney
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I have been practicing law for over 20 years. I was licensed by The Florida Bar in 1998.
– Adam King, Attorney
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I graduated from the Wake Forest University School of Law in Winston-Salem, North Carolina in 1998.
– Adam King, Attorney
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Yes, I typically provide half-hour consultations without any charge. This allows me to get some basic information about the nature of your matter, the parties involved, the amount of your claim or damages, and to determine if I can assist you.
– Adam King, Attorney
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Please call my office at (813)825-0405 during business hours or email us after hours and we will get back to you when we are back in the office, or visit the consultation request page on my website at: King Law No Cost Consultation
– Adam King, Attorney
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