Contractor Litigation Help for Tampa Builders and Subcontractors

A contractor litigation attorney represents contractors, subcontractors, owners and businesses when a construction project becomes a payment, lien or contract dispute. This page explains what that work covers, how Florida construction disputes move, and what to expect. Ayala Law PA serves businesses in Tampa, Hillsborough County and the Tampa Bay area.

What a Contractor Litigation Attorney Handles

A contractor litigation attorney handles disputes over money, work and contract terms that may end up in court or arbitration. The client can be a contractor, a subcontractor, a property owner or another business with a construction contract in dispute.

Common situations include:

• A general contractor who has not been paid for completed work.
• A subcontractor waiting on payment from a general contractor.
• An owner disputing charges, delays or defective work.
• A business whose construction contract has stalled.

Ayala Law PA focuses on construction litigation, commercial litigation, contract disputes, business litigation, shareholder disputes, real estate litigation and international trade litigation. Construction matters may proceed in Florida state courts or in arbitration, depending on the contract.

What Construction Law Covers

Construction law sits where contract law, payment rules and Florida’s lien statute meet. Most construction disputes fall into a few groups:

• Payment and pay application disputes
• Change orders and scope disputes
• Delay claims
• Defective or incomplete work
• Contract termination

The paperwork often frames the dispute. The written contract, change orders, pay applications and project emails show what was agreed and what was done. If the contract requires written approval for changes, that approval record matters.

Some contracts send disputes to arbitration. Under Florida’s arbitration statute, § 682.02, a written agreement to arbitrate existing or future disputes is valid and enforceable. The exception is a ground that exists in law or equity for revoking a contract.

Construction Liens and Lien Foreclosure in Florida

A construction lien is a claim against the property where work or materials were provided. Lien foreclosure is the court process used to enforce a valid lien against that property.

Florida’s construction lien rules are in Chapter 713 of the Florida Statutes.

Lien notice and filing deadlines are strict. Acting early protects your options. Owners can also review a lien filed against their property and decide whether it can be challenged.

Lawsuit deadlines are a separate issue. Under Florida’s limitations statute, § 95.11, an action founded on the design, planning, or construction of an improvement to real property generally must be commenced within four years, running from 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, whichever date is earliest. For a latent defect, the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 7 years after the earliest of those dates. That four-year period starts at the earliest temporary certificate of occupancy, certificate of occupancy, certificate of completion or abandonment date. When the action involves a latent defect, the four-year period instead runs from when the defect is found or should have been found through reasonable diligence. The seven-year outer limit runs from the earliest of those dates and has no latent-defect exception. The statute also sets an outer limit of seven years. The timing depends on the facts of each project.

Construction Contract Fraud and Payment Disputes

A payment dispute says money is owed for work done. Construction contract fraud alleges deception, such as billing for work never performed or misstating materials or costs.

The claim type changes the approach. Fraud claims require proof of what was said or done and what the other side knew. Payment claims focus more on what was agreed and what was delivered.

A promise of future action may also constitute a fraudulent misrepresentation if the plaintiff can demonstrate that the person promising did so with no intention of performing or with a positive intention not to perform, as the Third District Court of Appeal explained in Frutafino, S.A.S. v. Dole Chile, S.A.. A promise about future action can still be fraud. Frutafino v. Dole Chile recognizes that a promise can be fraudulent if the person made it with no intention of performing.

Records that often support these claims include:

• Invoices and pay requests
• Bank and payment records
• Emails and text messages
• Site logs and daily reports

One dispute can include both a payment claim and a lien claim at the same time.

How a Construction Dispute Moves Forward

A construction dispute usually moves from review to negotiation, then to mediation, arbitration or court. Here is the typical path:

1. Intake and case evaluation. We review the contract, lien notices and project timeline.
2. Document review. We identify the claims and defenses the records support.
3. Demand letters and negotiation. Many disputes settle before any filing.
4. Mediation or arbitration. This happens if the contract requires it or the parties agree.
5. Litigation. This may include lien foreclosure and collection of a judgment in Florida courts.

Under Florida’s mediation statute, § 44.102, a court must refer a filed money damages case to mediation when one party asks. Fla. Stat. § 44.102 reads: “(2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1.” This applies if that party is willing and able to pay the costs or the costs can be fairly divided between the parties. Fla. Stat. § 44.102 reads: “(2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1.” Some exceptions apply, including debt collection actions and cases where the parties agreed to binding arbitration.

Timelines vary. They depend on the contract, the records and the court or arbitral schedule.

Why Work With Ayala Law PA

Ayala Law PA focuses on construction litigation along with its other listed practice areas. Eduardo A. Maura is the responsible lawyer for this page. Support staff handle the office work that supports each matter.

Our approach starts with the paperwork. We review the contract, change orders, pay applications and lien notices before recommending a path. That review shapes whether the next step is a demand letter, mediation, arbitration or a court filing.

Serving Tampa, Brandon, Riverview, Plant City and Temple Terrace

Ayala Law PA serves businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace and the wider Tampa Bay area. Our office is at 1646 W Snow Ave in Tampa, Florida.

Florida law also controls where a case is filed. Under Florida’s venue statute, § 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. Hillsborough County matters often involve local property, so venue is part of the early review.

Some matters may be referred to another lawyer or firm. If that applies to your matter, we will tell you.

Common Questions About Contractor Litigation

Talk With Our Team About Your Construction Dispute

If an unpaid invoice or a lien deadline has your Tampa Bay project stalled, book a case evaluation with our team or call (305) 570-2208. Bring your contract and project records, and we will go through what they show.