A construction law attorney handles legal issues that arise at any stage of a building project, from contract drafting and negotiation before work begins, to disputes over delays, change orders, non-payment, and default/termination issues during construction, to post completion defect claims. At Kelley Kronenberg, our attorneys represent owners, developers, contractors, subcontractors, design professionals, insurers, and sureties across residential, commercial, and industrial projects, working across legal disciplines including insurance, labor and employment, and risk management to address the full range of issues construction clients face.

The most common causes are payment disputes, project delays, change order conflicts, and construction and design defects. Payment disputes are the most frequent trigger, and they often escalate into defect claims when a contractor files a lien and the owner responds with allegations of substandard work. Early legal involvement, clear contract language before work begins, and thorough documentation are the most effective ways to prevent small disagreements from becoming costly litigation.

A construction defect claim alleges that the design work, construction work, or both, were performed below the applicable standards of care, sometimes resulting in property damage or bodily injury, and regardless, requiring costly repairs. Common allegations include faulty workmanship, substandard materials, design errors, and building code violations. Defending these claims requires detailed technical analysis, often with the assistance of engineers and industry experts, thorough review of project documentation, and an understanding of applicable insurance coverage. Kelley Kronenberg prepares construction defect cases with the same degree of thoroughness it would bring to trial, which consistently produces better outcomes in mediation or other settlement conferences.

A well-drafted construction contract should clearly define the scope of work, payment terms, project completion schedule, change order procedures, delay provisions, warranty obligations, indemnification and insurance requirements, and the dispute resolution mechanism the parties agree to use. Vague language in any of these areas is the most common source of construction litigation. Contracts should also address unforeseen site conditions, default and termination procedures, formal notice requirements, the ramifications of failing to give timely or proper notice, and provisions governing jurisdiction, venue, and attorney fee awards in the event of litigation or arbitration.

Arbitration is a private dispute resolution process where a neutral arbitrator hears both sides and issues a binding decision, typically faster and less expensive than court litigation. Litigation proceeds through the public court system with full discovery, motions practice, and the right to appeal. Many construction contracts require arbitration as the exclusive dispute resolution method. Kelley Kronenberg handles both and prepares every case for trial regardless of the forum, which puts clients in the strongest possible negotiating position going into mediation.

A construction lien is a legal claim filed against a property by a design professional, contractor, subcontractor, supplier, or laborer who has not been paid for work or materials furnished and who has complied with required prerequisites under Florida’s lien law. In Florida, strict deadlines govern how and when to file a lien, what must be contained in the lien, and other prerequisites to “perfecting” the lien and missing them can permanently extinguish lien rights. Liens can (and typically do) trigger alleged defect claims from property owners as a countermeasure. Florida’s lien law is complex. Anyone involved in a construction project, on either side of a payment dispute, should consult with experienced construction law counsel before filing or responding to a lien claim.

Liability for construction defects can extend to all participants in the construction process, including owners, design professionals, general contractors, subcontractors, product manufacturers, and suppliers. Florida law allows claims to be brought against multiple parties simultaneously, and insurance coverage disputes frequently run parallel to the underlying defect claims. Kelley Kronenberg represents all participants in the construction process and works closely with insurers and sureties to manage exposure across all responsible parties.