Construction Law
Home / Practice Areas / Construction Law
Construction Law Attorney in Florida
Parties often enter into a construction agreement with the best intentions. The contractor generally expects to produce a product that they can be proud of and to get paid for. The buyer generally expects the project to be successful and the finished product to meet the standards the property owner agreed upon and comport with existing Florida law. However, unforeseen challenges can sometimes lead to allegations of construction defects. At Joshua Smith, P.A., our Florida construction defect attorneys represent contractors, subcontractors, and homeowners in disputes over construction quality and contract warranty claims. We provide guidance to both plaintiffs and defendants on the requirements of Florida law, which usually mandates specific notices are given before initiating lawsuits for defective construction.
Our legal team assists clients in all construction phases, from drafting and reviewing contracts to representing them in court if disputes escalate. Our main goal is to resolve conflicts and ensure your construction projects proceed smoothly.
A formal proof of loss statement to your insurance company ensures they know the loss the policyholder suffered. Critical in the insurance claims process, our attorneys assist you in preparing and submitting a comprehensive proof of loss to maximize your chances of a favorable outcome.
Florida Condominium Law Practice Areas
Navigating the complexities of condominium law in Florida requires specialized knowledge and experience. Our firm is dedicated to providing comprehensive legal services to condominium associations, unit owners, developers, and management companies. We offer expert guidance on a wide range of issues, ensuring that your rights and interests are protected. Below are the key areas of our Florida condominium law practice:
Condominium Association Governance
We assist condominium associations with all aspects of governance, including drafting and amending governing documents, enforcing bylaws and rules, and advising on board responsibilities. Our attorneys ensure that your association complies with Florida’s condominium laws and best practices.
Dispute Resolution and Litigation
Our firm represents associations, unit owners, and developers in disputes involving violations of governing documents, breaches of fiduciary duty, conflicts between unit owners and the board, and other contentious issues. We strive to resolve disputes through negotiation, mediation, or arbitration but are fully prepared to litigate when necessary.
Amendments to Governing Documents
Governing documents often require updates to reflect changes in the law or the evolving needs of the condominium community. We provide legal assistance in drafting, reviewing, and amending declarations, bylaws, rules, and regulations to ensure they are legally sound and aligned with your community’s goals.
Construction Liens
A specific problem to property owners is a construction lien. A construction lien is a legal claim against privately owned real estate for payment owed for work performed to improve the property. This work can include labor, materials, or services. Improvements to the property may involve building, removing, altering, or repairing structures on the Florida property. Parties involved face specific time periods for making lien claims for and against a property. Failure to strictly comply with those timelines will normally result in the loss of rights and ability to present certain claims and defenses. A lien may be deemed fraudulent and unenforceable if it is found that the lienor:
Willfully or grossly negligently exaggerated the lien amount;
Included claims for work that was not actually performed;
Admitted to not performing the work or the lien was for non-lienable items.
Fraudulent lien defenses often arise when there are disputes over the completion of work, questionable compensation methods, or charges not permitted by the contract or change orders. If a lien is deemed fraudulent, the property owner may be entitled to compensation from the lienor. This compensation can cover attorney’s fees, bond costs to discharge the lien, court costs, and punitive damages up to the difference between the lien amount and the actual amount owed. Whether you are a homeowner, business owner, property owner, construction company, or subcontractor, Joshua Smith, P.A. has your best interests at heart and can see you through this difficult time.Â
Â
Note: In Florida, property records are maintained by the Clerk of Court in each county, although some counties have a separate “County Recorder” office. Lienors should ensure their documents are filed with the correct office.
