Construction Litigation
Claim of Lien Foreclosure
A claim of lien foreclosure in Florida typically involves a property lien that a creditor places against a property when a debt is owed. Claim of lien foreclosure is regulated in Florida Statutes Chapter 713.
Here’s a breakdown of the process:
1. Understanding the Lien: A lien is a legal claim against a property that a contractor may have, often used to secure payment for debts such as unpaid construction work, homeowners association fees, or property taxes.
2. Filing a Lien: The creditor must file a Notice of Lien in the county where the property is located. This document details the debt and identifies the property.
3. Notice Requirements: Florida law requires that the property owner be notified of the lien. This may involve sending a formal notice to the property owner.
4. Foreclosure Process: If the debt remains unpaid, the lienholder can initiate foreclosure proceedings. This involves filing a lawsuit in a Florida circuit court to seek the sale of the property to satisfy the debt.
5. Court Proceedings: The court will review the case, and if it finds in favor of the lienholder, it will issue a judgment. This may lead to a public auction of the property.
6. Sale of Property: The property is sold at a foreclosure auction, and the proceeds are used to pay off the lien and any related costs.
7. Defenses and Complications: Property owners may contest the foreclosure, potentially raising defenses like improper notice or challenges to the validity of the lien.
8. Redemption: In some cases, property owners may have the right to redeem the property by paying off the debt before the sale occurs.
Overall, the claim of lien foreclosure process is a legal mechanism for creditors to recover debts secured by real property in Florida. If you’re facing this situation, it’s advisable to consult with a legal expert familiar with Florida’s real estate laws.
Contractor/Subcontractor Disputes
Contractor and subcontractor disputes are common in the construction industry and can arise for various reasons. Here are some reasons that creates disputes between contractors, subcontractors and project owners:
1. Payment Issues: Delays or non-payment for work completed can lead to significant conflicts. Disputes often arise over the amount owed or the timing of payments.
2. Scope of Work: Misunderstandings about the scope of work can lead to disputes, especially if the contractor believes the subcontractor is not fulfilling their obligations.
3. Change Orders: Changes to the original contract can create confusion regarding costs and timelines, leading to disagreements.
4. Quality of Work: Disputes can arise if the contractor believes the subcontractor’s work does not meet the agreed-upon standards or specifications.
5. Delays: Project delays caused by a subcontractor can lead to disputes, particularly if those delays affect the overall project timeline.
6. Communication Issues: Poor communication can result in misunderstandings and disputes over project requirements or expectations.
It is very important to have a well-crafted contract that clearly outlines responsibilities, payment terms, and procedures for handling changes can help prevent disputes.
Keeping thorough records of communications, changes, and work completed can be also crucial in resolving disputes.
Addressing disputes proactively and maintaining clear communication through a competent construction lawyer can significantly reduce the likelihood of conflicts in contractor-subcontractor relationships.
Construction Contract Fraud
In certain situations, the contractor or subcontractor may never have intended to perform or build what the contract stated he had to build for the owner.
We’ve encountered situations of owners who paid large deposits in seven-figure constructions contracts that then find themselves unable to even speak to the general contractor. If you are dealing with this situation, it is important to file swiftly file a lawsuit and report the general contractor to the licensing authorities.
But even before you are exposed to contractors’ fraudulent practices, it is important that you hired a knowledgeable construction attorney to review your construction contract and to do the adequate due diligence on the contractor you are about to pay large sums of money.
Arbitration
In certain occasions, disputes are subject to enforceable, legally binding arbitration agreements.
We have assisted our clients arbitrate their consumer or commercial disputes. For the most part, the skills required to successfully litigate a case in court are the skills required to successfully arbitrate a case.
In general, it comes down to a careful selection of the arbitrator, the key decider of the case. Just like a judge, the arbitrator will be persuaded, more often than note, by good, quality legal work on your behalf. Our focus on good quality legal writing along with our experienced arguing in courts and trials, puts as in a great position to successfully arbitrate your case.
