Fort Lauderdale Construction Litigation Attorneys
Construction issues can complicate a variety of situations involving commercial or residential property. The attorneys of Stok Kon + Braverman understand the nuances of this area and are ready to resolve them for you. Our lawyers have a solid reputation for 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 construction litigation matters, such as:
- Construction defects
- Roofing defects
- Water intrusion
- Structural safety issues
- Construction delays
- Hurricane rebuilding and recovery issues
- Breach of contract
- Insurance coverage disputes
- 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 Fort Lauderdale construction litigation 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, so consulting a lawyer is critical. 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 they have 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.
The experienced attorneys at Stok Kon + Braverman provide a full range of construction litigation services to clients throughout Broward County. 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.