Construction Litigation

Experienced Real Estate Attorneys Serving the Aventura Area

Construction issues can complicate a variety of situations involving commercial or residential property. The real estate lawyers at the Aventura firm of Stok Folk + Kon understand the nuances of this area and are ready to resolve them for you. We have a solid reputation when it comes to providing guidance in construction litigation. Our firm represents a diverse client base at each level of the process, including landowners, developers, general contractors, subcontractors, construction managers, material suppliers, and designers.

Legal Guidance for Construction Litigation Matters

We handle all types of matters that arise in the construction context, such as:

  • Construction defects;
  • Roofing defects;
  • Water intrusion;
  • Structural safety issues;
  • Liens;
  • Construction delays;
  • Hurricane rebuilding and recovery issues;
  • Breach of contract;
  • Insurance coverage disputes; and
  • Mold and mildew issues.

If you recently bought a new home and discovered any unexpected problems with it, you have certain rights and options. When you purchase a new home directly from the builder, you should expect that everything in your home is in good working order and functions as it should. Under Florida law, there is an implied warranty that the home is habitable for its intended purpose. This means that your home is protected whether the builder provided you with an explicit warranty with your purchase contract or not. It is always advisable, however, to have an express warranty so that both parties have clear expectations. In the absence of a written warranty, your rights will be evaluated on a case-by-case basis. Defects and issues of warranties can be complicated, which is why it is important to consult a knowledgeable real estate attorney.

Unfortunately, breach of contract cases are relatively common in the area of construction law. While most disputes are governed by the terms of the agreement, the principle of substantial performance sometimes applies. This refers to performance of a party's obligations under a contract that is not complete, but nearly equivalent to what was bargained for. In a situation involving substantial performance, it would be unreasonable to deny the contractor the full price under the agreement except for the difference the client has to pay. In other words, the contractor has the right to recover the contract price, and the client has the right to recover damages caused by the contractor's failure to fully perform. Calculating damages in breach of contract cases can be challenging.

Florida law on construction liens is also highly intricate. A lien is a means for a person to obtain payment for providing labor, materials, or services to a private project. Under state law, liens are created in the form of affidavits under oath by the person providing services, stating that he or she has provided services to the property for which payment has not yet been received. There are strict time frames within which action must be taken to protect an individual's rights in this situation.

Consult an Aventura Lawyer for Concerns Involving Your Property

The experienced property attorneys at Stok Folk + Kon provide a full range of construction litigation services to clients in Aventura and surrounding communities. Whether a project is small or large, or residential or retail, we can provide you with capable legal representation and help resolve your issue as smoothly as possible. To obtain more information, call us at 305-935-4440 or contact us online for a consultation. We represent clients from Hollywood, Fort Lauderdale, and throughout Florida.