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Actionable Claims in a Construction Dispute

Miguel A. Brizuela, P.A. April 14, 2023

Construction disputes are common in the industry and often result in substantial financial losses, project delays, and legal battles. The complexities involved in construction projects, including the timeline, scope of work, quality of materials, and site conditions, make it challenging to avoid disagreements. 

If you are a contractor, property owner, supplier, or another party involved in a construction dispute in Florida, it’s vital to contact legal guidance as soon as possible. Reach out to Miguel A. Brizuela, P.A., to get the help you need. Our construction law attorneys can help you pursue an actionable claim and protect your rights. From our office in Coral Gables, we serve Miami, Florida, and other parts of Southern Florida, including West Palm Beach and Fort Lauderdale.  

Common Construction Disputes 

Unfortunately, disputes are an integral part of the construction industry, which has more than 750,000 employers and 7.8 million employees across the United States, according to the website of the Associated General Contractors of America (AGC).  

Let’s discuss some of the most common construction disputes:   

  • Confusion over the finish date or scope of work. Most contracts provide a generalized timeline and scope of work, but details are critical in order to avoid misunderstandings.  

  • Changes to the finish date or scope of work. Changes to the project’s scope of work or the finish date often arise due to unforeseen circumstances, such as delays, design changes, or problems with funding.  

  • Quality of materials. Most contracts provide minimum quality standards and specifications for materials and procedures used in construction.   

  • Site conditions. Construction sites come with a range of inherent risks, including weather conditions, geological factors, and unforeseen circumstances.  

  • Trade disputes. Trade disputes often arise when parties disagree about the quality of work performed by sub-contractors or suppliers.  

  • Insufficient funding. Insufficient funding is a significant cause of construction disputes, and it can lead to conflicts over the scope of work, cost estimates, and project timelines.  

If you are involved in a construction dispute, contact an attorney to explore various dispute-resolution methods, including mediation, arbitration, and litigation.  

Actionable Claims  

In a construction dispute, a party may bring an actionable claim against another party for various reasons. These claims are legal causes of action that fall under different categories.  

1. Strict Liability 

Strict liability is a legal doctrine that holds a party responsible for damages and/or injuries caused by their conduct, regardless of their intent or fault. In a construction dispute, strict liability may apply when a party engages in a hazardous activity that causes harm to others, such as using explosives, handling toxic substances, or creating dangerous conditions.  

2. Negligence 

Negligence is a legal doctrine that holds a party responsible for damages or injuries resulting from their failure to act with reasonable care, skill, and diligence. In a construction dispute, negligence may apply when a party breaches their duty to take reasonable precautions to prevent harm to others, such as providing a safe working environment. 

3. Breach of Warranty 

Breach of warranty is a legal doctrine that holds a party responsible for damages resulting from their failure to fulfill a promise or contractual obligation. In a construction dispute, breach of warranty may apply when a party fails to deliver a project that meets the quality, specifications, or performance standards agreed upon in a contract or warranty.  

4. Breach of Contract 

Breach of contract is a legal doctrine that holds a party responsible for damages resulting from their failure to perform their obligations under a contract. Breach of contract may apply when a party fails to deliver a project according to the terms and conditions agreed upon in a contract.  

5. Misrepresentation and Fraud 

Misrepresentation and fraud are legal doctrines that hold a party responsible for damages resulting from their deceitful or false statements or actions. In a construction dispute, misrepresentation and fraud may apply when a party intentionally conceals or misrepresents material facts or makes false promises to induce another party to enter into a contract or agreement.  

6. Indemnity 

Indemnity allows a party to seek compensation for damages or losses suffered as a result of another party’s conduct. Indemnity may apply when a party is indirectly or secondarily liable for damages caused by the conduct of another party, such as a subcontractor or supplier.   

No matter your particular situation, you and your company deserve individualized legal advocacy every step of the way.  

Thoughtful & Detailed Legal Counsel 

In a construction dispute, understanding the different actionable claims available can help parties protect their rights and interests and make informed decisions about their legal strategies. Reach out to our attorneys at Miguel A. Brizuela, P.A., to discuss your particular case. We are here to represent you and protect your rights if you are considering pursuing an actionable claim in a construction dispute. Contact our team today for a one-on-one case evaluation.