Construction Law2021-07-27T16:04:53+00:00

construction law

Construction law is complex. It involves contract, government, employment, tort, and several other areas of the law. All of these industries affect construction projects. It’s critical to consult a construction lawyer for legal advice and guidance.

Construction law is complex. It involves contract, government, employment, tort, and several other areas of the law. All of these industries affect construction projects. It’s critical to consult a construction lawyer for legal advice and guidance.

Primary Contacts

At Bitman O’Brien and Morat, PLLC, we strive to achieve the best outcome for you. We represent general contractors, construction companies, business owners, and property owners. Our Florida and Orlando construction lawyers can represent you in various legal inquiries and disputes. We offer creative and cost-conscious solutions to your legal problems. Call us today at 407-815-3110 to learn more about your options.

Types of Construction Legal Work

We handle many of construction-related issues at any stage of the construction process. Our Orlando construction lawyers work on claims involving single-family homes to large commercial projects. We often work for (or against) subcontractors, general contractors, architects, suppliers, builders, developers, and engineers.

Our legal team handles a wide scope of legal issues including:

  • Contract Disputes
  • Injuries
  • Defects
  • Construction Delays
  • Permits and Bids
  • Liens
  • Bonds
  • Warranties
  • Employment Issues
  • Unlicensed Contracting

Contracts

Never sign a contract without letting one of our Orlando construction lawyers review it first. A contract may seem “standard” or “boilerplate.” However, you can negotiate it to provide you with better terms or to limit how liable your company is.

Contracts can also contain confusing or misleading terms. Our Orlando construction lawyers can assist when contract terms become an issue. We help craft contracts that are more easily understood to help you avoid ending up in court. Use an attorney before you sign a contract to reduce potential conflict and costs down the road. We can assist with:

  • Contractor-Owner Agreements
  • Subcontractor Agreements
  • Licensing Agreements
  • Distribution Agreements
  • Teaming Agreements
  • Joint Venture Agreements
  • Guarantees and Promissory Notes
  • Indemnity Provisions
  • Disclaimer Provisions
  • Notice Provisions
  • Terms And Conditions

Injuries

Construction work can be perilous. Sadly, injuries are commonplace on a construction site. When such an injury occurs, a worker may qualify to receive compensation. Likewise, a contractor has a right to a defense. Our Orlando construction lawyers represent both types of clients.

Involving several subcontractors and insurance companies can quickly complicate a case. With the wrong attorney, the time spent in court and legal fees can spiral out of control. Our Florida and Orlando construction lawyers have experience with injury cases and dispute resolution. Our firm can help you create an effective and cost-conscious strategy.

Defects (“Chapter 558 Claims”)

Not all construction projects are perfect. Finding defects can cause injuries or reduce the value of the property. Some of these defects are noticeable and some are latent.

Our Orlando construction lawyers can assist you with both types of defects, including issues with:

  • Mold
  • Plumbing
  • Electrical Systems
  • Groundwork
  • Drainage
  • Rot
  • Drywall
  • Foundations
  • Shifting Structures
  • Roofing
  • Structural Failures
  • Water Damage

In general, you must make a claim for a construction defect within four years. In order to make a claim for a construction defect, a claimant must follow Florida law precisely. One of our Florida or Orlando construction lawyers can help you with this.

Construction Delays

Construction project delays can leave work unfinished. Construction projects have complex and time-sensitive natures. This means a small delay in one part of the process may affect the entire project. A Florida construction lawyer in Orlando can help your project get back on track. They can also help you seek a legal solution that minimizes the effects of a delay.

Construction Permits and Bids

Most projects require government clearance in order to begin. These may include licenses, electrical permits, plumbing permits, or demolition permits. Failure to adhere to government requirements could lead to delays or legal and financial consequences.

The more complex the project is, the more complex the issues become. Our firm can help you obtain permits or government clearance. We can also assist if someone accuses you of not possessing the proper authorization.

When a construction project is open to the public for contractor bid, it is important to understand that bid process. This includes what the contractor needs in order to bid. Our Orlando construction lawyers can help make that process go smoothly.

Liens & Bonds

When a company or worker performs labor on a project, they may claim they did not receive proper payment. They can place a construction lien on a property. Liens can prevent projects from advancing or the selling of the property. We can assist with obtaining liens and notices regarding non-payment. We can also assist your business with lien protection.

A non-lawyer may not be fully aware of the lien process, which can be technical with differing timing requirements. Work with Orlando construction lawyers to understand the ins and outs of lien placement, defense, and satisfaction. Among the issues we can assist with are:

  • Notices to Owner
  • Claim of Lien
  • Final Payment Affidavits
  • Notice of Contest of Lien
  • Notice to Contractor
  • Notice of Non-Payment
  • Sworn Statement of Account
  • Releases of Lien
  • Partial and Final Payment Applications

Employment Issues

Construction projects involve many parties working together. This can make employment a cloudy issue. However, we can help provide clarity. Our firm handles many of types of employment cases including:

  • Violations of the Fair Labor Standards Act
  • Non-Compete Disputes
  • Discrimination

Unlicensed Contracting

Unlicensed contracting in Florida can lead to significant criminal and civil ramifications. A person or entity found in violation of the contracting laws can face discipline through Florida’s Department of Business and Professional Regulations (“DBPR”), may be subjected to criminal proceedings, and can be liable to an aggrieved consumer (whether or not the consumer knew the contractor was unlicensed). In addition, a party may void a contract entered into with an unlicensed contract and may be obligated for treble damages – meaning three times the amount to repair or replace the unlicensed contractor’s work. The unlicensed contractor would also be subjected to paying the other party’s attorneys’ fees and litigation costs.

Unlicensed contracting is a significant problem and is governed by Florida’s complex statutory scheme related to licensing and contracting. There are several pitfalls that someone may inadvertently stumble upon without knowing or intending to do so.

Parties who have contracted with an unlicensed Florida contractor have significant remedies available to them.

Work with an Orlando construction lawyer to understand the ins and outs of unlicensed contracting.

Choose Our Orlando Construction Lawyers

At Bitman O’Brien & Morat, PLLC, our Orlando construction lawyers care about you and your company’s best interest. Please call us at 407-815-3110. You can learn more or consult with a qualified and committed construction lawyer. We serve Florida with offices in  Orlando, Miami, Tampa, and Fort Lauderdale.

What happens if I hire an unlicensed contractor in Florida?2021-07-09T15:38:04+00:00

Unlicensed contracting in Florida carries both criminal and civil penalties. If you have unknowingly contracted with an unlicensed Florida contractor, you should consult with a construction lawyer to understand the possible remedies available to you.

Who is responsible for construction defects?2021-07-09T15:37:43+00:00

Contractors and subtractors can be held responsible for construction defects. Schedule a consultation with one of our construction lawyers to learn about all of your legal options related to construction defects.

Do I need a lawyer to review a construction contract?2021-07-09T15:37:03+00:00

Consult with a construction lawyer before you sign a construction contract so you can achieve the most favorable terms possible. A construction lawyer can assist with many different types of construction contracts such as contractor-owner agreements, terms and conditions, joint venture agreements, licensing agreements and subcontractor agreements, among others.

What does construction law involve?2021-07-09T15:37:23+00:00

Construction law refers to any legal issue related to the construction of a building or other structure. It serves to protect parties involves in a construction project, whether commercial or residential.

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Navigating Construction Liens

Construction, and businesses supporting construction, were not generally affected by closure orders due to COVID-19. The construction industry is considered essential to the welfare of the state’s citizens, and continues to move forward. However, economic pressures brought on by the pandemic may cause first- and second-tier contractors to be less willing to wait for payment.

September 8th, 2020|

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ORLANDO

255 Primera Blvd., Suite 128
Lake Mary, FL 32746
Phone: 407-815-3110

TAMPA

400 N Tampa St, Suite 1450
Tampa, FL 33602
Phone: 813-337-6383

FORT LAUDERDALE

101 NE 3rd Ave, Suite 1500
Fort Lauderdale, FL 33301
Phone: 954-803-0585

MIAMI

2525 Ponce de Leon Blvd, Suite 300
Coral Gables, FL 33134
Phone: 305-697-2878