You’re mid-project. The schedule is tight, the budget is already stretched, and then it happens—the subcontractor just… disappears. No notice. No clear explanation. Work unfinished. Deadlines blown.

If you’re a property owner, developer, or general contractor in Florida, this isn’t just frustrating, it can quickly turn into a legal and financial mess.

We’ve seen this scenario play out more times than we’d like. The good news? You’re not stuck. There are ways to protect your project, recover losses, and move forward strategically.

Let’s walk through what actually happens when a subcontractor abandons a job, and what you can do about it.

What to Do When a Subcontractor Walks Off the Job in Florida

First things first: don’t panic, and don’t react emotionally.

The way you respond in the first few days matters more than most people realize. Before you fire off angry texts or hire someone new on the spot, take a step back and document everything.

Here’s where to start:

• Gather your contract, change orders, and payment records
• Take photos or videos of the current state of the project
• Document all communications (texts, emails, calls)
• Identify exactly what work was left incomplete

From a legal standpoint, you’re building your case before you even decide what action to take.

Is It a Breach of Contract If a Subcontractor Abandons a Project?

In most cases, yes. If the subcontractor had a signed agreement and failed to complete the work without a valid legal reason, that’s typically considered a breach of contract.

But here’s where it gets nuanced:

Not every walk-off is automatically wrongful. A subcontractor may claim they stopped work because:

• They weren’t paid on time
• The scope of work changed significantly
• The job site was unsafe
• There were delays caused by other trades

Whether those reasons hold up depends on the contract, and how the situation unfolded.This is why having a lawyer review the facts early can save you a lot of time and money later.

Can You Hire a New Subcontractor After Someone Walks Off?

Yes, but timing and documentation are everything. In Florida construction disputes, one of the biggest issues we see is owners or contractors immediately hiring a replacement without properly addressing the original subcontractor’s breach, and that can come back to bite you.

Before bringing in a new subcontractor, you should:

• Send formal notice of default (if required by your contract)
• Give an opportunity to cure, if the contract requires it
• Clearly terminate the agreement in writing

Once that’s done correctly, you’re in a much stronger position to:

• Bring in a new subcontractor
• Track additional costs
• Potentially recover those costs later

Who Pays for the Delays and Cost Overruns?

This is usually the biggest concern and understandably so.

When a subcontractor walks off a project, it often triggers:

• Project delays
• Increased labor costs
• Material price changes
• Penalties tied to deadlines

In a strong claim, those damages can be recoverable.

You may be able to pursue compensation for:

• The cost to hire a replacement subcontractor
• Delay damages
• Additional project management expenses
• Liquidated damages (if outlined in your contract)

But again, it all comes down to documentation and how cleanly the situation was handled from the start.

Can a Subcontractor Still File a Lien After Abandoning Work?

Surprisingly, yes, they might try. Florida’s construction lien laws can be tricky. Even if a subcontractor didn’t finish the job, they may still claim they’re owed money for work performed up to that point.

That’s where disputes escalate quickly.

If you receive a lien or Notice to Owner after a walk-off:

• Do not ignore it
• Do not assume it’s invalid
• Have it reviewed immediately

There are deadlines and defenses available, but they move fast.

How to Prevent Subcontractor Walk-Offs Before They Happen

The best way to handle a walk-off is to reduce the chances of one happening in the first place. Strong contracts and proactive legal planning go a long way here.

Key protections include:

• Clear scope of work and timelines
• Payment schedules tied to milestones
• Default and termination provisions
• Dispute resolution clauses
• Requirements for written change orders

We also recommend having contracts reviewed before the project begins, not after something goes wrong. It’s a much easier (and less expensive) conversation to have upfront.

Real-World Insight: Why These Cases Get Complicated Fast

On paper, a subcontractor walking off the job sounds simple: they didn’t finish, so they’re at fault.

In reality, these cases often turn into back-and-forth disputes where each side blames the other.

We’ve seen situations where:

• The subcontractor claims nonpayment
• The contractor claims defective work
• Both sides point to unclear contract language

And suddenly, what started as a stalled project turns into a full-blown legal dispute.

That’s why early legal guidance isn’t just helpful, it’s strategic.

When Should You Call a Construction Litigation Attorney?

If your project has been abandoned, or you see signs that it might be heading in that direction, it’s worth getting legal insight early.

You don’t need to wait for a lawsuit.

In fact, the earlier you step in, the more options you typically have:

• Containing project delays
• Protecting your financial position
• Avoiding costly mistakes
• Strengthening your claim if litigation becomes necessary

Moving Forward After a Subcontractor Walk-Off

A subcontractor walking off your project can feel like everything is unraveling at once. But with the right steps, you can stabilize the situation, protect your investment, and keep your project moving.

At Ayala Law, we work with property owners, developers, and contractors across Florida to navigate exactly these types of disputes, whether that means resolving the issue quickly or aggressively pursuing a claim when necessary.

If you’re dealing with a subcontractor walk-off, or want to make sure your next project is protected from the start, contact one of our experienced attorneys in Miami at 305-570-2208

You can also contact our team directly at: arianna@ayalalawpa.com

Schedule a case evaluation online here. 

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

In construction projects, payment disputes are unfortunately common. Contractors, subcontractors, and suppliers often rely on construction liens as one of the most powerful tools available to secure payment for work performed or materials supplied.

But here’s something many people in the construction industry don’t realize until it’s too late: timing is everything when it comes to construction liens in Florida.

We’ve seen situations where a contractor had a perfectly valid claim for thousands, or even hundreds of thousands, of dollars, only to lose their leverage because the lien was filed too early or too late. Florida’s construction lien law is extremely technical, and small timing mistakes can invalidate an otherwise legitimate claim.

If you work in construction, whether as a contractor, subcontractor, developer, or supplier, understanding these timing rules can make the difference between getting paid and walking away empty-handed.

What Is a Construction Lien in Florida?

A construction lien is a legal claim placed against real property by someone who provided labor, services, or materials for the improvement of that property but has not been paid.

In Florida, construction liens are governed by Chapter 713 of the Florida Statutes, often referred to as Florida’s Construction Lien Law.

A lien allows contractors and subcontractors to:

• Place a legal claim against the property where work was performed
• Pressure owners or developers to resolve payment disputes
• Ultimately pursue foreclosure of the lien through a lawsuit if necessary

Because liens can affect property titles and financing, they often force disputes to the negotiating table quickly. However, these rights only exist if the lien process is followed correctly.

And that’s where timing becomes critical.

Why Timing Matters So Much in Florida Construction Lien Law

Florida’s construction lien law is often described as a “strict compliance” statute. That means courts require contractors and suppliers to follow the procedural rules very precisely.

If a deadline is missed, even by a day, the lien may be declared invalid.

Similarly, filing certain lien-related documents too early can also create problems that make the lien unenforceable.

In other words, even when:

• The work was completed properly
• The amount owed is legitimate
• The owner truly has not paid

A contractor may still lose the claim because of a technical timing error.

What Happens If You File a Construction Lien Too Early in Florida?

Many people assume that filing a lien quickly is always the safest option. In reality, filing too early can create its own legal issues.

For example, Florida law requires that a lien be based on actual unpaid work or materials provided. Filing a lien before certain contractual conditions occur, or before the work is truly completed, can open the door to arguments that the lien is premature or inaccurate.

Potential problems with filing too early include:

• Listing incorrect lien amounts because the project isn’t finished
• Including work that has not yet been performed
• Triggering disputes about whether the debt is actually due

In some cases, a premature lien can expose the lienor to legal challenges or demands to discharge the lien.

This is why contractors should always evaluate the timing carefully instead of rushing to record a lien at the first sign of trouble.

What Happens If You File a Construction Lien Too Late in Florida?

If filing too early creates risk, filing too late is often far worse.

Under Florida law, a construction lien generally must be recorded within 90 days of the lienor’s last furnishing of labor, services, or materials to the project.

Missing this deadline can have serious consequences.

If the lien is filed after the 90-day window:

• The lien is typically invalid
• The contractor loses the right to use the lien as leverage
• The only remaining option may be a regular breach of contract lawsuit, which often carries less immediate pressure on the property owner

For subcontractors and suppliers who rely on lien rights to ensure payment, missing the deadline can significantly weaken their position.

What Does “Last Furnishing of Labor or Materials” Mean?

One of the most common sources of confusion in construction lien disputes is determining when the 90-day clock actually starts.

Florida courts focus on the last legitimate work performed or materials supplied under the contract.

However, not every return to the job site will extend the deadline.

For example, the following typically do not restart the lien deadline:

• Minor warranty work
• Corrective or punch-list work performed after completion
• Returning to the site simply to inspect work

If a contractor relies on these types of activities to calculate the lien deadline, they may unintentionally file too late. Because of this, determining the true last date of work is often one of the first issues lawyers analyze when evaluating a lien dispute.

What Other Deadlines Apply to Florida Construction Liens?

The lien itself is only one step in the process. Florida construction lien law includes several additional deadlines that can affect whether a claim remains valid.

Some of the key timelines include:

Notice to Owner (for Subcontractors and Suppliers)

Subcontractors and material suppliers who do not have a direct contract with the property owner generally must serve a Notice to Owner within 45 days of first furnishing labor or materials.Failing to send this notice can eliminate lien rights altogether.

Recording the Claim of Lien

As mentioned earlier, the claim of lien typically must be recorded within 90 days of the last work performed.

Filing a Lawsuit to Foreclose the Lien

After recording the lien, the lienor must file a lawsuit to foreclose the lien within one year, unless that period is shortened through a legal notice. Missing any of these deadlines can cause an otherwise valid lien claim to fail.

Can a Property Owner Challenge a Lien That Was Filed Incorrectly?

Yes, property owners and developers frequently challenge liens when they believe the lien was filed improperly or outside the required deadlines.

Common challenges include arguments that:

• The lien was filed after the 90-day deadline
• The lien amount is inaccurate or exaggerated
• The lienor failed to send the required Notice to Owner
• The lien was filed before the debt was actually due

When these disputes arise, courts often review the timeline of the project in detail, including invoices, contracts, emails, delivery records, and job-site documentation.

Even small inconsistencies can affect the outcome.

What Should Contractors Do Before Filing a Construction Lien?

Before recording a lien, contractors and subcontractors should take a step back and carefully review the timeline and documentation related to the project.

Important steps often include:

• Confirming the exact last date of work or materials provided
• Verifying that any required Notice to Owner was served on time
• Reviewing the contract terms regarding payment obligations
• Calculating the lien amount carefully
• Ensuring all statutory requirements under Florida law are met

In complex construction disputes, consulting with a construction litigation attorney before filing the lien can prevent costly mistakes.

When Timing Mistakes Turn Into Construction Litigation

Many construction lien disputes ultimately end up in litigation. This is particularly true when:

• A contractor files a lien and the owner disputes its validity
• A lien is challenged for missing deadlines
• Payment disputes escalate into breach of contract claims

In these cases, the dispute often becomes a detailed legal examination of the project timeline and the parties’ contractual obligations.

For contractors and developers alike, having experienced legal counsel can make a significant difference in protecting financial interests tied to the project.

Final Thoughts: A Valid Claim Can Still Fail If the Timing Is Wrong

Construction liens are one of the most powerful legal tools available to contractors and subcontractors in Florida, but they are also governed by strict deadlines and technical requirements. Filing a lien too early can create challenges about whether the claim is premature, and filing too late can eliminate lien rights entirely.

In many construction disputes, the issue is not whether the work was done or whether payment is owed, it’s whether the lien process was handled correctly. Understanding these timing rules before taking action can help contractors avoid costly mistakes and protect their right to payment.

If you need help with this, contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com  

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

We are proud to announce that we have defeated our plaintiff’s attempt to add a claim for punitive damages against our client in a case where our client sold glass panels to the plaintiff.

The case involved the construction of a $30-million property by the plaintiff, who hired a general contractor to install the windows. The contractor, in turn, hired our client, a large manufacturer of glass panels, windows, and glass doors.

As alleged by our client, the contractor failed to properly measure the frames where the windows were to be placed, resulting in some of the ordered windows not fitting. Our client subsequently refunded the $100,000 deposit they received for the order. The plaintiff sued the contractor and our client, the manufacturer, alleging breach of contract and product defects.

The plaintiff, knowing the contractor lacked financial resources, decided to aggressively pursue the case against the manufacturer. In the process, the plaintiff alleged that the sold windows lacked the required Florida approvals and that this was hidden from him. Based on this theory, the plaintiff asked the court to include a claim for punitive damages in what was basically a contract case.

Our lawyers showed the court plenty of evidence that the plaintiff knew some of the frames lacked approval, because they were custom-made for this project, and approvals are obtained during the project.

The court summarily denied the request to add a claim for punitive damages, stating that even if the plaintiff could prove any breach by our client, this was not an “egregious case that demands damages beyond the regular contract damages.”

As stated by attorney Eduardo A. Maura, “We are happy that the court denied this baseless motion. This is nothing but litigation tactics, an effort to go after the deeper pocket party on a case that has been overly litigated and now is upside down in value.”

For more information concerning product defect claims and contract disputes, contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com  

Schedule a case evaluation online here. punitive punitive punitive punitive punitive punitive

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case]. 

If you are considering filing an appeal, or defending one, there is one concept that will shape the entire case: the standard of review.

Most people assume an appeal is simply a second chance to argue the case again, but it’s not. Appellate courts do not retry cases, hear new witnesses, or consider new evidence. Instead, they review what already happened in the trial court and apply specific legal standards to decide whether the lower court made an error.

Understanding how courts decide appeals can make the difference between a strong appellate strategy and a wasted opportunity.

What Is an Appeal in Florida?

An appeal is a legal process where a higher court reviews a lower court’s decision to determine whether legal errors occurred.

In Florida, most appeals from trial courts go to one of the District Courts of Appeal. The appellate court does not decide whether it “likes” the result, but whether the law was applied correctly. That distinction is critical.

Many trial court decisions feel unfair to one side, but appellate courts are not in the business of correcting unfair outcomes. Instead, they correct legal errors, and only under specific standards.

What Does “Standard of Review” Mean in an Appeal?

The standard of review is the level of deference an appellate court gives to the trial court’s decision. Think of it as the rule that tells the appellate court how closely to scrutinize the lower court’s ruling.

Different issues in a case are reviewed under different standards, and some standards are far more difficult to overcome than others. This is why experienced appellate lawyers analyze the standard of review before even recommending whether to file an appeal.

What Are the Main Standards of Review in Florida Appeals?

When people search online, they usually type something like:

• “What is de novo review?”
• “What is abuse of discretion?”
• “How hard is it to win an appeal?”
• “What does competent substantial evidence mean?”

Let’s break these down in plain English.

What Is De Novo Review?

De novo review is the most favorable standard for the party appealing.

Under de novo review, the appellate court gives no deference to the trial court’s legal conclusions. The appellate judges look at the issue fresh, as if they were deciding it for the first time.

This standard usually applies to:

• Pure questions of law
• Contract interpretation
• Statutory interpretation
• Certain summary judgment rulings

For example, if a trial court misinterpreted a commercial contract in a business dispute, the appellate court may review that issue de novo.

From a strategy perspective, appeals involving de novo review are often stronger because the appellate court is not required to defer to the trial judge’s legal analysis.

What Is “Abuse of Discretion” in an Appeal?

Abuse of discretion is much harder to win. Under this standard, the appellate court will only reverse if the trial judge made a decision that was unreasonable, arbitrary, or outside the bounds of legal principles.

This standard often applies to:

• Evidentiary rulings
• Discovery sanctions
• Motions for continuance
• Attorney’s fees decisions
• Certain procedural rulings

It is not enough to show the judge could have ruled differently. You must show the judge’s decision was outside the range of reasonable choices.

In practical terms, this means appeals under the abuse of discretion standard require careful framing and strong legal analysis.

What Does “Competent Substantial Evidence” Mean?

This standard applies when the appellate court reviews factual findings.

Trial judges and juries are responsible for evaluating credibility and weighing evidence. Appellate courts do not reweigh testimony.

If there is competent substantial evidence supporting the trial court’s findings, the appellate court will usually affirm, even if conflicting evidence exists.

This is why appeals arguing “the judge got the facts wrong” are typically difficult. Unless there was no legally sufficient evidence supporting the ruling, reversal is unlikely.

Why the Standard of Review Can Decide Your Appeal Before It Starts

Here is the reality: the standard of review often determines the likelihood of success before the first brief is filed. If your issue is reviewed de novo, you may have meaningful room to argue.

If your issue is reviewed for abuse of discretion or competent substantial evidence, the appellate court starts from a position of deference to the trial court. That does not mean appeals under deferential standards cannot succeed. It means the strategy must be precise.

At our firm, when clients ask whether to appeal a business judgment, real estate ruling, or complex commercial order, the first question we ask is, “What is the standard of review?” Only after answering that do we evaluate the strength of the appeal.

How Do Appellate Courts Decide Whether to Reverse a Case?

Appellate courts generally look at three things:

1. Was there a legal error?
2. Was the issue properly preserved for appeal?
3. Was the error harmful?

Even if a mistake occurred, not every mistake results in reversal. The error must have affected the outcome of the case.

This is why trial strategy and appellate strategy are closely connected. Many appeals are lost because the issue was not properly preserved during trial.

Can You Introduce New Evidence on Appeal?

No, one of the most common misconceptions about appeals is that you can present new evidence, but you can’t.

The appellate court reviews the record that was created in the trial court. If something important was never introduced into evidence, it will not be considered on appeal.

This is why trial preparation and litigation strategy matter so much. Appeals are won and lost long before the notice of appeal is filed.

When Should You Consult an Appellate Lawyer in Florida?

If you are:

• Considering appealing a business litigation judgment
• Facing an appeal in a commercial dispute
• Evaluating a real estate litigation ruling
• Unsure whether a trial court error is appealable

You should consult appellate counsel immediately.

Appeals have strict deadlines. In Florida, most notices of appeal must be filed within 30 days of the final judgment. Missing that deadline usually ends the case.

More importantly, a proper appellate evaluation requires reviewing the record, identifying the applicable standards of review, and determining whether the issues were preserved.

Appeals in Business and Real Estate Litigation

In complex business disputes, appeals often involve:

• Contract interpretation
• Shareholder disputes
• Construction litigation rulings
• Commercial lease disputes
• Summary judgment orders

Understanding the standard of review in these contexts can shape how the entire appeal is structured.

At Ayala Law, our litigation practice includes both trial and appellate work. That dual perspective allows us to evaluate cases not just for immediate strategy, but for how they will hold up under appellate scrutiny.

Final Thoughts: Appeals Are Legal Strategy, Not Emotion

Appeals are not about whether the outcome felt unfair, but about whether the law was applied correctly under the proper standard of review. Before filing an appeal, you need a realistic assessment grounded in legal standards, not hope.

If you are evaluating an appeal in Florida involving business litigation, real estate disputes, or complex commercial matters, contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com 

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

A Florida court recently vacated a final default judgment exceeding half a million dollars against our client after finding that he was never properly served with the lawsuit. This ruling reinforces a fundamental principle of Florida law: a judgment cannot stand when a defendant was not given proper notice and an opportunity to be heard.

Because the judgment has now been vacated, our client will finally have the chance to defend himself in court, which is exactly what Florida’s service of process rules are designed to protect.

Why Service of Process Matters Under Florida Law

Service of process is not a technicality. It is the mechanism by which a person is formally notified that a lawsuit has been filed against them. Florida courts require strict compliance with service of process statutes to ensure fairness and due process.

If service is improper, the court does not acquire jurisdiction over the defendant. Any judgment entered without proper service is vulnerable to being set aside, regardless of the size of the judgment or how much time has passed.

In this case, strict compliance with Florida’s service rules made all the difference.

How the Default Judgment Was Entered

Our client was unaware that a lawsuit had been filed against him. Because he did not appear or respond, the plaintiff obtained a final default judgment for more than $500,000. After securing the judgment, the plaintiff began efforts to garnish our client’s bank accounts.

Only then did our client learn that a lawsuit even existed.

Improper Service at a Former Residence

Once retained, our firm immediately investigated how service of process had allegedly been completed. We discovered a critical defect.

The process server left the summons and complaint at the home of our client’s parent. Although this may have once been our client’s residence, it was no longer his usual place of abode at the time of service.

Florida law is clear. Substitute service is only valid when documents are left at the defendant’s current usual place of abode with a person residing there. Leaving legal papers at a former residence, even a family member’s home, does not satisfy the statute.

Motion to Quash Service and Vacate Judgment

We promptly moved to quash the improper service of process and to vacate the final judgment. The court agreed that service did not comply with Florida’s strict statutory requirements and ruled that the judgment could not stand.

As a result, the default judgment was vacated in its entirety, and our client is no longer subject to enforcement efforts based on a judgment entered without proper notice.

A Matter of Due Process and Fairness

As attorney Orestes Garcia, who handled the matter, explained: “I believe this is the correct outcome. We have strict service of process laws so that everyone has a fair chance to be made aware of lawsuits against them, and be able to have their day in court. I look forward to presenting my client’s defense.”

This ruling reflects the courts’ recognition that procedural safeguards exist for a reason. Regardless of the claims asserted, every defendant is entitled to notice and an opportunity to be heard before a judgment is imposed.

What This Case Means for Defendants in Florida

This case serves as an important reminder for individuals and businesses facing unexpected judgments or garnishment actions. If you were never properly served, the judgment against you may be legally defective.

Florida courts do not excuse improper service, and plaintiffs bear the burden of proving that service complied strictly with the statute. When they cannot meet that burden, even large judgments can be undone.

Contact Our Litigation Team

If you are facing a default judgment, wage garnishment, or bank levy and were never properly served with a lawsuit, contact an experienced attorney in Miami at 305-570-2208.

You can also contact attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

Vacating arbitration awards is not an easy feat. Under Florida law, “arbitration awards are treated with a high degree of conclusiveness and a court has extremely limited discretion to vacate an arbitration award.” Am. Fed’n of State, Cnty. v. Miami-Dade Cnty. Pub. Sch., 95 So. 3d 388, 390 (Fla. 3d DCA 2012). “To vacate an arbitration award, the movant must establish one of six statutory grounds set forth in section 682.13(1).” Sch. Bd. of Broward Cnty. v. Smith, 384 So. 3d 248, 249-50 (Fla. 4th DCA 2024). Under § 682.13(1), Fla. Stat., the Court may vacate an arbitration award if:

(a) The award was procured by corruption, fraud, or other undue means;

(b) There was:

1. Evident partiality by an arbitrator appointed as a neutral arbitrator;
2. Corruption by an arbitrator; or
3. Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to hear evidence material to the controversy, or otherwise conducted the hearing contrary to s. 682.06, so as to prejudice substantially the rights of a party to the arbitration proceeding;

(d) An arbitrator exceeded the arbitrator’s powers;

(e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under s. 682.06(3) not later than the beginning of the arbitration hearing; or

(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in s. 682.032 so as to prejudice substantially the rights of a party to the arbitration proceeding.

• 682.13(1), Fla. Stat. “Section 682.13(1) sets forth the only grounds upon which an award of an arbitrator . . . may be vacated.”City of Miami v. Fraternal Order of Police Lodge #20, 248 So. 3d 273, 276 (Fla. 3d DCA 2018). The bases for vacating an arbitration award “cannot be supplemented judicially or contractually.”Visiting Nurse Ass’n of Florida, Inc. v. Jupiter Med. Ctr., Inc., 154 So. 3d 1115, 1132 (Fla. 2014). “Unless one of the statutory grounds has been proved, an arbitration award may not be vacated.” Della Penna v. Zabawa, 931 So. 2d 155, 160 (Fla. 5th DCA 2006).

The circumstances set forth in section 682.13(1) are “directed at arbitral misconduct or lack of authority, and not mere errors of law, or errors of construction or interpretation of a contract.” Visiting Nurse, 154 So. 3d at 1134. Indeed,

“[w]hether the arbitrator’s decision was legally correct is irrelevant because an award of arbitration may not be reversed on the ground that the arbitrator made an error of law.” Metro Dade Firefighters, Int’l Ass’n of Fire Fighters, Local 1403 v. Miami-Dade Cnty., 347 So. 3d 1278, 1283 (Fla. 3d DCA 2022). “A motion to vacate is not a mechanism to appeal or otherwise challenge the merits of a dispute conclusively determined in arbitration.” Floridians for Solar Choice, Inc. v. PCI Consultants, Inc., 314 F. Supp. 3d 1346, 1354 (S.D. Fla. 2018). “Every reasonable presumption will be indulged to uphold an arbitration proceeding which has resulted in an award.” B & H Const. & Supply Co., Inc. v. Dist. Bd. of Trustees of Tallahassee Cmty. Coll., Florida, 542 So. 2d 382, 391 (Fla. 1st DCA 1989).

Importantly, “[t]he burden of proof with regard to claims of evident partiality and arbitrator misconduct or misbehavior prejudicing the rights of a party rests with the party raising such allegations.” RDC Golf of Florida I, Inc. v. Apostolicas, 925 So. 2d 1082, 1094 (Fla. 5th DCA 2006).

When it comes to the bias of the arbitrators, the correct test for weighing an arbitrator’s partiality consists of judging whether the party “made a showing through credible evidence, giving rise to a reasonable impression of partiality that was direct, definite, and capable of demonstration, as distinct from a mere appearance of bias that was remote, uncertain, and speculative.” Amalgamated Transit Union, Local 1579 v. City of Gainesville, 264 So. 3d 375, 380 (Fla. 1st DCA 2019). Moreover, the partiality of the arbitrator “must be shown to have unfairly affected the rights of the complaining party.” Brandon Jones Sandall Zeide Kohn Chalal & Musso, P.A. v. Beasley & Hauser, P.A., 925 So. 2d 1142, 1145 (Fla. 4th DCA 2006).

Further, the fact that the arbitrator may have considered evidence that is inadmissible at trial is not grounds for vacating an award. It is well settled that arbitrators “enjoy wide latitude in the conduct of proceedings.” Tallahassee Mem’l Reg’l Med. Ctr., Inc. v. Kinsey, 655 So. 2d 1191, 1198 (Fla. 1st DCA 1995). In other words, “an arbitrator has the right to be arbitrary.” Regalado v. Cabezas, 959 So. 2d 282, 287 (Fla. 3d DCA 2007) (Ramirez, J., concurring). “[T]here is no authority for vacating an arbitrators’ award because the arbitrators considered evidence, even evidence that would be inadmissible in a judicial or administrative proceeding.” State Dept. of Ins. v. First Floridian Auto & Home Ins. Co., 803 So. 2d 771, 777 (Fla. 1st DCA 2001).

In fact, when parties agree to arbitration, they “g[i]ve up some of the safeguards which are traditionally afforded to those who go to court.” Affiliated Mktg., Inc. v. Dyco Chemicals & Coatings, Inc., 340 So. 2d 1240, 1243 (Fla. 2d DCA 1976). “Arbitrators are not constrained by formal rules of evidence or procedure.” Kinsey, 655 So. 2d at 1198. Arbitrators are “the sole judge of the facts and the weight to be given to the evidence.” Computer Task Group, 782 So. 2d at 943. And “they are the final judges of such matters as the admissibility and relevance of evidence.” Kinsey, 655 So. 2d at 1198.

As seen, it is not a simple task to vacate an arbitrator’s award. Florida court’s give wide discretion to arbitrators and generally, absent major evidence of corruption, will leave an arbitrator’s award intact.

For more information regarding arbitration actions, contact an experienced arbitration attorney at 305-570-2208. You can also email our trial attorney Eduardo directly at eduardo@ayalalawpa.com.

Don’t hesitate to schedule a case evaluation with us online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

If you are buying or selling property in Florida and suddenly find out there is a construction lien recorded on the property, it can feel like someone pulled the emergency brake on your deal. Closings get delayed, title companies cannot move forward, buyers get nervous, and sellers feel blindsided.

If this is happening to you right now, you are not alone. Construction liens are common in Florida’s real estate and construction world, and they do not always appear because someone intentionally did something wrong. Sometimes it is a payment dispute. Sometimes it is a misunderstanding. Sometimes work was performed, but the parties simply do not agree on whether it was done correctly.

The important thing is this: a construction lien does not automatically kill your deal, but it does require fast, smart legal action.

What Is a Construction Lien and Why Does It Affect My Property Sale or Closing?

Florida law allows contractors, subcontractors, laborers, suppliers, and certain professionals to file a Claim of Lien when they believe they were not paid for work or materials that improved a property. Once recorded, the lien attaches to the property itself, not just the person who owes the money.

That means:

• Title companies usually will not close while a lien is active
• Buyers risk inheriting the dispute if they close without resolving it
• Sellers may not be able to transfer clean title

If you are in the middle of a real estate transaction, a lien is a serious issue — but it is also a legal problem with legal solutions.

Can You Still Close on a Property With a Construction Lien in Florida?

Most of the time, no, at least not without addressing it. Title insurers typically require a clear title before issuing a policy. A lien clouds title and creates risk.

However, resolving a lien does not always mean “pay whatever they are demanding.” Florida law gives property owners powerful tools to remove, challenge, or neutralize liens so a deal can move forward.

What Are Your Options to Remove or Resolve a Construction Lien in Florida?

Here are the most common legal paths we help clients take when a lien threatens their deal:

Option 1: Negotiate and Exchange a Lien Release

Sometimes the fastest and most cost-effective approach is to negotiate. That may involve:

• Confirming whether the amount claimed is accurate
• Ensuring work was actually performed
• Reaching a settlement or confirming payment
• Obtaining a Lien Release or Satisfaction of Lien

This is especially effective when the lien claimant filed the lien as a pressure tactic rather than as part of a legitimate dispute.

Option 2: Bond Off the Lien to Keep the Deal Moving

Florida law allows property owners to transfer a lien from the property to a surety bond. This process is commonly referred to as “bonding off” the lien.

What does that do?

• The lien comes off the property title
• The real estate transaction can usually proceed
• The dispute continues, but now attaches to the bond instead of the property

This can be extremely useful when time is critical and closing deadlines are approaching.

Option 3: File a Lawsuit to Contest or Discharge the Lien

Not all liens are valid. Florida has strict technical requirements, including:

• Filing deadlines
• Notice requirements
• Proper statutory language
• Accurate amounts claimed

A lien that fails to comply may be invalid and subject to removal. Your attorney may file an action to discharge or contest the lien when appropriate.

Option 4: Use Florida’s “Notice of Contest” or “Demand for Enforcement”

Florida owners have tools to force lien claimants to act quickly or lose their lien rights. For example:

• A Notice of Contest shortens the time a lienor has to file suit
• A Demand for Enforcement can require the lienor to enforce or lose the lien

These strategies put pressure back on the party who filed the lien instead of letting the lien sit over your property and stall your transaction.

How Long Does a Construction Lien Last in Florida?

Generally, a Florida construction lien can remain enforceable for one year unless action is taken to shorten that period or unless the lienor files a foreclosure lawsuit earlier. However, every case is fact-specific, and deadlines matter. Waiting usually helps the lien claimant, not the property owner.

What Should You Do First When a Construction Lien Puts Your Deal at Risk?

If you have a lien threatening your real estate closing, here are smart first steps:

1. Do not panic, but do not ignore it
2. Contact an experienced Florida construction and real estate attorney quickly
3. Do not negotiate blindly or assume you must pay the full claimed amount
4. Let counsel coordinate with your title company, broker, and closing agent

With the right legal strategy, many deals can still close. The key is addressing the lien correctly instead of reacting out of stress or pressure.

Why Working With a Florida Construction Litigation Firm Matters

Construction liens sit at the intersection of real estate law and construction law, and Florida’s statutes are highly technical. A mistake can cost time, money, and in some cases, the entire deal.

At our law firm, we regularly assist:

• Sellers whose closings are suddenly halted
• Buyers who discover liens during title searches
• Developers facing payment disputes
• Property owners dealing with contractor or subcontractor claims

We work to move transactions forward while protecting your legal and financial interests, whether that means bonding off the lien, negotiating a release, or challenging the lien head-on.

If a Construction Lien Is Threatening Your Deal, Get Guidance Before You Act

A construction lien does not have to derail your plans, but it does require careful, informed action. 

Whether you are facing a lien in Miami, Orlando, or anywhere in Florida, contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com  

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

Large construction projects rarely fail because of a single bad actor, but because complexity goes unmanaged.

Once a project involves fifteen or more contractors, subcontractors, consultants, and vendors, legal risk multiplies quickly. Payment chains become fragile. Scope boundaries blur. Responsibility for delays, defects, or cost overruns becomes contested. And when something goes wrong, disputes rarely stay contained to just one contract. We see this regularly in large-scale commercial and mixed-use projects throughout Florida. The issue is not ambition, but a lack of coordinated legal oversight.

This article explains why projects with many contractors face heightened legal exposure, where disputes most often arise, and how proper legal structuring can prevent problems long before litigation becomes necessary.

What Does the “15+ Contractor” Risk Mean in Construction Projects?

The “15+ contractor” risk refers to a tipping point in project complexity. At this stage, the number of independent parties involved creates overlapping contractual obligations that are difficult to manage without a clear legal framework.

Typical large projects may include:

• A developer or owner entity
• A general contractor
• Multiple tier-one subcontractors
• Sub-subcontractors
• Architects and engineers
• Specialty consultants
• Material suppliers
• Project managers

Each of these parties often operates under separate contracts, timelines, and insurance policies. When coordination fails, disputes cascade.

Why Large Construction Projects Are More Prone to Litigation

Fragmented Contract Structures

Many projects rely on a patchwork of agreements drafted at different times, often by different parties. Inconsistencies between contracts are one of the most common sources of litigation. A clause that works in isolation can create conflict when layered onto ten or fifteen other agreements.

Unclear Risk Allocation

When delays or defects occur, the central question becomes who is responsible. Without precise risk allocation, every party looks to shift liability upstream or downstream. This is especially common when contracts lack clear provisions for delay damages, force majeure, or coordination responsibilities.

Payment Chain Disputes

As the number of contractors increases, payment issues become more frequent. Delayed payments to one subcontractor can trigger liens, work stoppages, or breach claims that affect the entire project. Florida’s construction lien laws add another layer of complexity that must be handled carefully.

Common Legal Problems on Multi-Contractor Projects

Construction Delays and Acceleration Claims

Delays are inevitable. Disputes arise when contracts do not clearly define excusable versus non-excusable delays, or when multiple parties contribute to the same delay event. Acceleration claims often follow when contractors are forced to meet original deadlines without proper change orders.

Defective Work and Responsibility Gaps

When defects appear, responsibility is rarely obvious. Was it design, installation, materials, or coordination? Without strong indemnity and inspection provisions, owners and general contractors often end up in prolonged disputes.

Cross-Claims Between Contractors

Large projects rarely involve just one lawsuit. They involve webs of claims, counterclaims, and third-party actions. These disputes are expensive, time-consuming, and disruptive to operations.

Why Developers and Owners Need Early Legal Oversight

Legal Review Is Not Just for Disputes

One of the most common mistakes we see is involving legal counsel only after a dispute arises. By then, the contracts are already signed and leverage is limited. Early legal oversight focuses on prevention, not reaction.

Aligning Contracts Across the Project

A key function of construction counsel is ensuring that all project contracts speak the same language on critical issues such as scope, timelines, insurance, indemnity, and dispute resolution. Consistency reduces ambiguity. Ambiguity fuels litigation.

How Proper Legal Structuring Reduces Litigation Risk

Clear Scope Definitions

Each contractor’s responsibilities should be defined with precision. Overlapping scopes invite finger-pointing when issues arise.

Coordinated Dispute Resolution Clauses

When contracts contain conflicting dispute resolution provisions, projects stall. Arbitration clauses, venue selections, and governing law provisions should be aligned across the project.

Thoughtful Risk Allocation

Not all risks should be treated equally. Weather delays, material shortages, and regulatory changes require different contractual treatment. Sophisticated drafting reflects that reality.

Florida-Specific Issues Large Projects Must Address

Florida construction projects face unique risks, including:

• Strict lien law compliance
• Hurricane and weather-related delays
• Insurance coverage disputes
• Licensing and regulatory enforcement

Failure to account for these issues in contracts increases exposure for owners and contractors alike.

When Legal Oversight Is the Difference Between a Dispute and a Disaster

Large-scale projects are not inherently risky; poorly structured projects are. When more than fifteen contractors are involved, informal coordination and generic contracts are not enough. Legal oversight becomes a central part of project management, not an afterthought.

At Ayala Law PA, we represent developers, contractors, and business owners in complex construction disputes and advise clients during the planning and contracting stages to reduce litigation risk before it materializes.

Contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

If you own commercial property in Florida, you already know that construction work comes with risk. One of the biggest headaches property owners face is the threat of a construction lien. Even when you pay your contractor on time, a subcontractor or supplier you’ve never met can file a lien against your property.

It happens more often than people realize, and resolving it can cost time, money, and sometimes delay a sale or refinancing. The good news is that most construction liens can be prevented with the right steps. 

What Is a Construction Lien in Florida?

A construction lien (often called a mechanic’s lien) is a legal claim placed against your property by a contractor, subcontractor, or supplier who says they were not paid for work or materials.

Florida’s Construction Lien Law gives them that right, even if you personally never hired them. That is why commercial property owners need to be proactive from day one.

Why Do Construction Liens Happen Even When Owners Paid the Contractor?

This is one of the most common questions we get. The simple answer is: You may have paid the general contractor, but the general contractor may not have paid everyone under them.

In other words, the construction lien is not necessarily accusing you of wrongdoing. But it still becomes your problem to fix, that’s why prevention is essential.

How Do I Prevent This?

Step One: Use a Written Contract That Includes Lien Protection Language

A strong commercial construction contract is your first line of defense. At minimum, it should include:

• Clear payment schedules tied to completed work
• Lien waiver requirements for every draw
• Right to request proof of subcontractor/supplier payments
• Notice to Owner obligations
• Indemnification provisions if a contractor fails to pay their subs

Most owners focus on pricing and timelines but overlook lien protections entirely. A well-drafted contract reduces nearly every major lien risk before the project even begins.

Step Two: Understand Florida’s Notice to Owner (NTO) Requirements

In Florida, anyone who does not have a direct contract with you (like subcontractors or suppliers) must send you a Notice to Owner to preserve lien rights.

This document tells you:

• Who they are
• What work or materials they are providing
• That they may file a lien if they are not paid

If you receive one, do not ignore it. It does not mean a lien was filed, it simply means this person must be paid, and you must make sure they are.

Step Three: Require Partial and Final Lien Waivers With Every Payment

This is where many owners slip up. Every time you issue a payment to the general contractor, you should receive:

• A partial lien waiver covering all work through that payment
• A sworn statement listing subcontractors and suppliers
• Proof that subs and suppliers have actually been paid

If you only get a waiver from the contractor, and not from the subcontractors, your protection is incomplete.

In commercial projects, this is essential. Always confirm that the people performing the work are actually receiving the money.

Step Four: Control the Flow of Payments With a Proper Payment Procedure

Instead of paying a contractor based on trust, require:

• Invoices
• Work completion verification
• Lien waivers for all subs and suppliers
• Updated subcontractor lists

Many liens arise because contractors take early payments, spend them elsewhere, and later fall behind. A structured payment system reduces that risk significantly.

Step Five: File a Notice of Commencement Correctly

A Notice of Commencement is required for most construction projects in Florida. It must be accurate, posted at the jobsite, and recorded with the county.

Mistakes in the Notice of Commencement create liability issues and can complicate your defense if a lien is filed. If you’re unsure how to prepare it, have your attorney handle it. It is inexpensive and avoids serious complications later.

Step Six: Keep All Construction Documentation Organized

If a lien is ever filed, you will need:

• The construction contract
• All invoices
• Proof of payments
• All lien waivers
• NTOs received
• Change order approvals
• Payment logs

Good record-keeping helps your attorney resolve a lien faster and sometimes eliminate it without litigation.

Step Seven: Act Quickly If You Receive a Lien Notice or Claim

A construction lien is time-sensitive, and delays only make the situation worse. You should speak with a construction attorney immediately if you receive:

• A Notice to Owner
• A Claim of Lien
• A Notice of Intent to Lien
• A lawsuit to foreclose the lien

Some construction liens can be discharged, bonded off, shortened, or invalidated altogether, but timing is critical.

When to Bring in a Construction Attorney

You do not need a lawyer for every step of a project, but you do need one when:

• A project is large, multi-phase, or commercial
• You are dealing with multiple subcontractors
• You do not fully understand the lien rights being created
• Money is withheld or disputed
• A lien has been filed or threatened

Preventing a construction lien is far less expensive than resolving one. Most commercial owners prefer to involve a lawyer early, during contract drafting and payment planning, because these early steps eliminate most future disputes.

Final Thoughts: Prevention Is Always Cheaper Than Litigation

Construction liens are avoidable. With strong contracts, consistent documentation, and the right payment protections, commercial property owners can prevent most construction lien disputes before they ever arise.

If you are starting a project, facing construction lien threats, or already received a notice,  contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our founding attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].