
Construction Law
Construction law is a specialized legal field that governs the rules and regulations related to the construction industry. It encompasses contracts, permits, zoning, and disputes that arise during construction projects.
Kelley Kronenberg’s construction law attorneys understand that the needs of clients in this industry are unique and complex. Because construction projects involve overlapping legal disciplines, our attorneys work together to address not only the contractual and litigation needs of construction industry clients, but also their business, financial, risk management, regulatory, labor and employment, insurance, and workers’ compensation needs.
Construction Law Attorneys for Every Project Role
From project inception to delivery and beyond, Kelley Kronenberg represents all participants in the building process, including design professionals, public and private owners, developers, general contractors, subcontractors, product manufacturers and suppliers, risk insurers, and sureties across residential, commercial, and industrial projects.
Our construction law attorneys counsel clients on all aspects of the design and construction process, from project development and contract drafting through construction, project close-out, and post-completion claims. As a result, clients have experienced legal counsel available at every stage.
Construction Defect Litigation
Construction defect claims involve allegations of faulty design, defective materials, or improper workmanship that result in property damage or financial loss. These cases require both legal skill and technical knowledge to litigate effectively. Our construction defect litigation attorneys represent owners, contractors, and design professionals in defect claims from initial investigation through trial.
Construction Dispute Resolution and Trial Representation
Kelley Kronenberg’s construction law attorneys strive to reach negotiated solutions whenever possible. Because most clients benefit from avoiding the costs and uncertainties of litigation, we pursue settlement options at every appropriate stage. However, when resolution cannot be reached, our attorneys are fully prepared to proceed through trial and appeals, conducting detailed case analysis with the assistance of skilled engineers and industry experts.
Construction Law FAQs
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 and termination issues during construction, to post-completion defect claims. Kelley Kronenberg’s construction law 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. Kelley Kronenberg advises construction clients at every stage of a project, from contract review through dispute resolution.
A construction defect claim alleges that design work, construction work, or both were performed below the applicable standards of care, sometimes resulting in property damage or bodily injury and 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, and anyone involved in a construction project on either side of a payment dispute should consult Kelley Kronenberg 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.
Kelley Kronenberg’s construction law attorneys represent owners, developers, contractors, subcontractors, design professionals, and insurers in construction contract drafting, dispute resolution, litigation, and arbitration across residential, commercial, and industrial projects nationwide. The firm brings together construction, insurance, labor and employment, and risk management attorneys to address the full range of legal issues construction clients face. If you are involved in a construction dispute or about to sign a construction contract, contact Kelley Kronenberg before the situation becomes more costly to resolve.
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