What kind of lawyer do I need to sue a contractor in Florida? A suit against a contractor usually calls for a lawyer who litigates construction and contract disputes in Florida courts and arbitration. A construction fight often mixes contract law, payment claims, liens and defects. This page explains what that work covers and which facts change the answer.
What kind of lawyer do I need to sue a contractor in Florida?
A lawyer who handles construction litigation is usually the right fit. A suit against a contractor is a court or arbitration case. A licensing complaint or a permit question follows a different path. A lawsuit asks a judge or an arbitrator to decide who owes what.
Construction disputes rarely stay in one area of law. One project can include a written contract, unpaid invoices, a recorded lien, and a defect found after final payment. A lawyer should be comfortable across all of them.
Ayala Law PA focuses on business litigation, construction litigation and contract disputes in Florida courts and arbitration. Eduardo A. Maura is the responsible lawyer for this page. Our Tampa office is at 1646 W Snow Ave, and we handle business litigation in Florida courts and arbitration.
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What does a construction litigation practice cover?
A construction litigation practice covers claims that come from building, repairing or paying for work on a project. The main groups are breach of contract, payment disputes, lien issues and some fraud claims.
- Breach of contract. This covers work that is unfinished, late or defective. Florida applies contract rules even when part of the deal was oral. The Florida Supreme Court ruling on oral contracts says an oral contract still needs an offer, acceptance, consideration and clear essential terms.
- Payment disputes. Owners, contractors and subcontractors often disagree about what is owed and when.
- Liens. A lien claim against a property has its own steps and deadlines. How construction liens are enforced explains that process.
- Fraud claims. Some disputes involve a contractor who misrepresented the work or the contract. These claims turn on the facts of each project.
A family law or personal injury lawyer may not handle the contract, lien and defect questions that come up on a project. Those matters call for a lawyer who works in contract and construction litigation.
Which facts change the right forum?
The contract’s dispute clause and the facts of the claim can decide whether a court or an arbitrator hears the case.
- An arbitration clause. Under Fla. Stat. § 682.02, a written agreement to arbitrate is valid and enforceable, except on a ground that exists to revoke a contract.
- Mediation. Under Fla. Stat. § 44.102, when one party requests it, a court must refer a filed civil action for monetary damages to mediation, provided the requesting party is willing and able to pay the mediation costs or the costs can be equitably divided between the parties, unless an exception applies, such as a landlord and tenant dispute without a personal injury claim or an action filed to collect a debt. That applies if the requesting party is willing and able to pay, or the costs can be split fairly. Other exceptions include medical malpractice claims, actions filed to collect a debt, expedited trials and voluntary trial resolution the parties agreed to, court-determined nonbinding arbitration, binding arbitration the parties agreed to, and cases under the Small Claims Rules.
- The Florida Supreme Court unconscionability ruling requires both an unfair process and unfair terms, weighed together.
- Under Fla. Stat. § 47.011, an action must be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section does not apply to actions against nonresidents. For a Hillsborough County project, the property’s location can matter.
- Amount and court level. The amount in dispute also affects which court fits the claim.
A recorded or threatened lien brings its own deadlines, so it should reach a lawyer early. The right approach depends on the facts of the project, the contract and the dates involved.
How do deadlines affect when to act?
Florida sets filing deadlines by claim type, and a construction claim can run on a different clock than a contract claim.
- Construction claims. Under Florida Statutes § 95.11(3)(b), the four-year period applies to claims arising from the design, planning, or construction of a real property improvement, with the time running from the earliest of these dates: the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed. In any event, the action must be commenced within 7 years after the earliest of those dates. For a latent defect, the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence. The time runs from the earliest of these dates: the issuance of a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed. For a latent defect, the time runs from when the defect is discovered or should have been discovered with due diligence.
Keep the contract, change orders, invoices, payment records, photos and every written message in one place. Those dates help a lawyer work out which deadline applies. For more on timing, read how long a construction lawsuit takes.
What should you gather before the first conversation?
Bring the contract, a project timeline, payment records and every written message with the contractor. A complete file gives a lawyer more to work from.
- A short written timeline, from contract signing to the dispute.
- The contract, plans, permits, lien notices and correspondence.
- Amounts paid, amounts claimed and work still unfinished.
- Names of the contractor and any subcontractors, the property address, and whether you are an owner, a business or acting for someone else.
Fee terms are discussed directly with the firm.
Common questions
Can an arbitration clause keep my case out of court?
It can.
Which county do I sue in?
Under the venue statute, the county where the defendant lives, where the claim arose, or where the property sits is the usual choice. The answer varies by claim.
How long do I have to sue a contractor?
The answer varies by claim.
Talk with Ayala Law PA about your dispute
If work quit partway through, a lien notice reached your property, or a deposit never came back, you don’t have to face it alone. Call (305) 570-2208 or send a request through our contact page to describe your facts. We represent businesses in Tampa and Hillsborough County, and our only office is in Tampa at 1646 W Snow Ave.
