Construction Law Attorneys in Miami, Florida
According to the University of Central Florida, the Sunshine State is expected to construct at least 160,000 new single-family homes in 2022 to account for the arrival of Americans moving from other states due to the pandemic and economic conditions elsewhere.
The website BuildCentral also reports that the City of Miami is attracting major financial institutions like the Blackstone Group and Goldman Sachs, as well as tech firms from Silicon Valley, that are seeking a better commercial environment and lack of a state income tax.
In other words, Florida is witnessing strong growth in the construction industry to meet the demands of residents and business interests flocking to the state. On top of this, property owners have been upgrading and remodeling while loans are easy to obtain and interest rates remain low.
Of course, not everything in the construction world gets done smoothly, and disputes can arise over a variety of issues, including delays in the work being done, disagreements over the quality of the materials or workmanship, and of course, over the total dollar amount.
These disputes can affect, in varying degrees and at different times, everyone from the property owner to the architect or designer to the general contractor, subcontractors, engineers, and others involved in the project.
Everything begins with a carefully-drawn contract, but if disputes do arise, other legal remedies may become involved, from negotiations to construction liens to courtroom litigation.
If you’re contemplating a remodeling or construction project, or are already involved in one, and a dispute has arisen in or around Miami, contact the construction law attorneys at Miguel A. Brizuela, P.A. We will represent you and protect your rights during every phase of your construction or remodeling project.
We also proudly serve clients not only in Miami, but also throughout Southern Florida including Coral Gables, Fort Lauderdale, and West Palm Beach.
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Construction Law in Florida
Statutes concerning construction in Florida are complex and constantly changing. Anyone involved in construction or remodeling projects in Florida is advised to seek the counsel and guidance of an experienced and knowledgeable construction law attorney. Too much is at stake to proceed with the thought that you’ve done it before, so you can move forward as you always have.
Under Florida law, all parties involved in a construction project have rights and obligations. In addition, federal laws can apply, as can local ordinances and zoning requirements. Undertaking a project can prove challenging just to dot all the legal I’s and cross all the legal T’s of the federal, state, and local statutes governing the work. Our experience in construction projects includes:
Governmental improvements, including a wastewater facility and road expansion projects
We are a full-service construction law and litigation firm, representing our clients from start to finish.
Contract Drafting and Negotiating
The success of any construction project begins with the contracts involved. An owner/developer will need contracts with an architect/designer as well as a general contractor. The general contractor will need contracts with subcontractors and suppliers. A carefully-worded contract can mean the difference between endless disputes and harmonious progress toward the completion of the project.
With our knowledge of federal, state, and local laws and regulations, we can draft contracts that comply with all codes and clearly define the rights and responsibilities of everyone involved to help avoid disputes before they end in construction delays, added costs, and expensive litigation.
Construction Lien Law
Florida’s construction lien law is complex. Florida Statutes Section 713.015 states clearly: “Those who work on your property or provide materials and services and are not paid in full have a right to enforce their claim for payment against your property. This claim is known as a construction lien.”
This gets a bit complicated if you are the property owner and the general contractor – whom you’ve paid in full – fails to pay his subcontractors or suppliers. The unpaid subcontractors and suppliers can then file a construction lien against your property. The same section of the statute warns: “If a lien is filed, your property could be sold against your will …”
The statute advises that you obtain a written release from all liens from the contractor before tendering your payment.
Disputes, Breaches of
Contract, and Other Claims
Miguel A Brizuela, P.A. provides construction defense for property owners, architects, engineers, contractors, and developers on various types of construction-related issues:
Payment bond claims
Performance bond claims
Construction lien claims
Construction defect claims
Defective design and specifications
Differing site conditions
Breach of contract claims
In construction projects, breach of contract legal actions commonly arise from delays in construction, defective workmanship, the quality of materials used, or from a failure to perform on the part of the owner or contractor.
Construction Law Attorneys
Serving Miami, Florida
A well-crafted contract is the best defense against any dispute. Before commencing any project, you need to have your contract reviewed, negotiated, or created from scratch by an experienced Florida construction law attorney. At Miguel A. Brizuela, P.A., we’re well-versed in all aspects of Florida construction law and can help protect your rights through a properly conceived and worded contract. We can also help you avoid costly litigation through negotiations or arbitration. For all your construction legal needs, contact us immediately.