Florida Construction Contract Lawyer
Drafting & Negotiation
Every construction project is unique—your contracts should be too. Bitman Law customizes agreements to match your project’s size, structure, and risk profile.
Our team assists with:
- Drafting owner–contractor, contractor–subcontractor, and supplier agreements
- Negotiating scope, payment, and timing provisions
- Defining performance standards and completion milestones
- Clarifying indemnity, insurance, and warranty obligations
- Managing risk allocation for delays, cost overruns, and design errors
We focus on practical, enforceable contracts that hold up in both the field and the courtroom.
See related: Construction Liens in Florida
Pay-If-Paid vs. Pay-When-Paid Clauses
Payment flow is a constant source of tension in construction projects. Florida law draws a sharp distinction between pay-if-paid and pay-when-paid clauses:
Pay-If-Paid Clauses: These make payment to a subcontractor conditional on the contractor first being paid by the owner. Under Florida law, these clauses are enforceable only if they contain clear, unambiguous language shifting the risk of nonpayment.
Pay-When-Paid Clauses: These control the timing of payment, not the obligation. They are typically enforceable but cannot indefinitely delay payment.
Bitman Law helps clients draft and interpret these provisions to ensure compliance and avoid hidden payment traps.
Change Orders & Scope Modifications
Unapproved or vague change orders are one of the top causes of construction disputes. Our attorneys help ensure every change is documented, authorized, and enforceable, including:
- Written change order procedures are required before extra work begins
- Cost and schedule adjustment mechanisms
- Strategies for preserving payment rights when scope changes are disputed
We help you protect your right to payment for legitimate extras—and defend against inflated or unauthorized claims.
See also: Delay Claims | Breach of Contract
Dispute Resolution Provisions
The best time to plan for a dispute is before it happens. Bitman Law drafts clear, enforceable provisions for dispute resolution, including:
- Mediation and arbitration requirements
- Choice of law and venue selection (especially important for multijurisdictional projects)
- Attorney’s fees and prevailing party clauses
- Notice and cure provisions to preserve claims
We help clients reduce uncertainty by specifying exactly how and where disputes will be resolved.
Lien Waiver Clauses & Risk (Fla. Stat. §713.20)
Lien waivers are critical payment tools—but they can also expose parties to significant risk if mishandled. Under Florida Statutes §713.20, lien waivers must follow strict rules:
- Conditional waivers are tied to actual payment (recommended).
- Unconditional waivers release lien rights immediately—sometimes before funds clear.
- Owners and contractors often negotiate leverage through these clauses.
Our team ensures lien waivers are properly drafted and timed, so you protect your payment rights without violating Chapter 713. Learn more about Construction Liens in Florida.
Protect Your Florida Construction Project with a Solid Contract
A well-drafted construction contract is your best defense against payment disputes, delays, and litigation.
Call Bitman Law or schedule a consultation to ensure your construction contracts protect your business from day one.
Florida Construction Contract FAQs
What makes a construction contract valid in Florida?
A valid contract must include clear terms on scope, payment, and performance. It must also comply with Florida’s licensing and lien laws to be enforceable.
Are pay-if-paid clauses enforceable in Florida?
Yes—but only if the contract clearly and unequivocally transfers the risk of nonpayment from the contractor to the subcontractor.
How should contractors handle change orders?
Always obtain written approval before performing additional work. Oral agreements are difficult to enforce under Florida law.
What is a lien waiver in Florida?
A lien waiver releases a party’s right to file a construction lien for work performed. Florida law (Chapter 713.20) governs their form and timing.
