Construction Law

Construction litigation is complex area of the law that requires an expansive knowledge base in order to serve multiple industries at once. Together, those industries form a construction project. Construction Law is complex, and involves contract, governmental, employment, tort, and several other areas of the law. It’s critical to consult a construction lawyer for up-to-date legal advice and guidance.

At Bitman O’Brien and Morat, PLLC, we strive to achieve the best outcome for you. Our construction attorneys represent general contractors, construction companies, business owners, and property owners 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 consult with construction lawyer about your options.

Pre-Construction Through Post-Construction Legal Work

At Bitman O’Brien and Morat, PLLC, we have attorneys that handle a myriad of construction related issues from financing and the acquisition of land, through post-construction disputes. Our firm works on claims involving single-family residences 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
  • Construction Injuries
  • Construction Defects
  • Construction Delays
  • Permits and Bids
  • Liens
  • Bonds
  • Warranties
  • Employment Issues

Contracts

Never sign a contract without an attorney review the contract first. While it may seem “standard” or “boilerplate,” a contract may still be negotiated to provide you with more favorable terms or crafted to limit your company’s liability. Contracts can also contain confusing or misleading terms. Our firm can assist when contract terms become an issue and help craft contracts that are more easily understood. A more easily understood contract is less likely to end up in Court. By using at attorney before a contract is signed, your company can 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. Unfortunately, injuries are commonplace on a construction site. When such an injury occurs, a worker may be entitled to compensation. Likewise, a contractor is entitled to a defense. Our firm represents both types of clients.

Injury cases can quickly become complicated when there are several sub-contractors and insurance companies involved. With the wrong attorney, the time spent in court and litigation costs can spiral out of control.  We are well practiced in the litigation of injury cases and dispute resolution (mediation, arbitration, etc.). Our firm can help you create an effective and cost-conscious litigation strategy.

Defects (“Chapter 558 Claims”)

Not all construction projects are perfect. When defects are discovered, they could cause injuries or reduce the value of the property. Some of these defects are noticeable and some are latent.

We can assist you with both, including issues with:

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

Generally, a claim for a construction defect must be made within 4 years. In order to make a claim for a construction defect, a claimant must follow Florida law precisely. At attorney at Bitman, O’Brien & Morat, PLLC can help with this.

Construction Delays

If a construction project is delayed, work can be left unfinished. Because of the complex and time sensitive nature of a construction project, a small delay in one part of the process may affect the entire project. One of our attorneys can help your project get back on track, or 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 governmental requirements could lead to delays or legal and financial consequences.  The more complicated the project, the more complicated the issues become. If your business needs assistance to obtain permits or government clearance or has been accused of not having the proper authorization, our firm can help.

When a construction project is open to the public for contractor bid, it is important to understand that bid process and what is required of the contractor in order to bid. At Bitman, O’Brien & Moral, PLLC, we can help make that process go smoothly.

Liens & Bonds

When a company or worker performs labor on a project, they may claim they were not paid (or paid in full) and place a construction lien on a property. Liens can prevent projects from advancing, and the property being sold. Our firm can assist with obtaining liens and notices regarding non-payment, and can 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. Use Bitman, O’Brien & Morat 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

Because there are often many parties involved in a construction project – employment can be a cloudy issue. We can help provide clarity. Our firm handles a multitude of employment cases including discrimination (race, gender, religion, national origin, age, disability, sexual orientation, marital status, and pregnancy), violations of the Fair Labor Standards Act, and Non-Compete Disputes.

Hiring An Construction Lawyer in Florida

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

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2020-10-23T18:59:04+00:00