In Florida’s rapidly growing construction industry, disputes between property owners and contractors are not uncommon. From large commercial developments to home renovations, contractors face a range of legal challenges that can quickly escalate into costly and time-consuming lawsuits. Understanding the most common types of lawsuits against contractors in Florida is essential for both property owners and construction professionals.
If you find yourself facing a construction-related legal dispute, having an experienced legal advocate is crucial. Jonathan P. Cohen, Esq., a seasoned Florida construction lawyer, is dedicated to protecting the rights of contractors, developers, and property owners throughout South Florida. Based in Fort Lauderdale, his firm, Jonathan P. Cohen, P.A., provides practical legal solutions in even the most complex construction matters.
- Construction Defects
One of the most frequent causes of legal action against contractors in Florida is the presence of construction defects. These can range from structural issues, such as foundation cracks and roof leaks, to improper electrical or plumbing installations. Florida law defines a construction defect broadly to include deficiencies related to design, materials, and code compliance.
Under Chapter 558 of the Florida Statutes, a property owner must notify the contractor and allow them an opportunity to inspect and repair the alleged defect before filing a lawsuit. However, if the dispute is not resolved during this pre-suit process, litigation often follows. In these cases, expert testimony is typically required to demonstrate the nature and cause of the defect.
- Breach of Contract
Contract disputes are another common source of lawsuits. A construction contract outlines the scope of work, payment terms, deadlines, and responsibilities of each party. When a contractor fails to perform as agreed—whether by abandoning the project, delivering substandard work, or failing to meet deadlines—the property owner may sue for breach of contract.
It’s also common for contractors to bring breach of contract claims against property owners who fail to make payments or interfere with project completion. These disputes can become complicated quickly, particularly when contracts lack specificity or fail to anticipate project delays or unforeseen conditions.
- Payment Disputes and Mechanic’s Liens
Payment issues can lead to lawsuits from either side of a construction project. Subcontractors and suppliers may sue the general contractor for unpaid invoices, while contractors may sue property owners for nonpayment.
In Florida, contractors and subcontractors can file a mechanic’s lien against a property to secure payment for labor and materials. However, the lien process is strictly regulated, and failing to follow the proper notice and filing procedures can result in the lien being unenforceable. Likewise, property owners often file lawsuits to contest the validity of a lien that they believe was filed improperly.
- Negligence and Personal Injury Claims
Contractors can be sued for negligence if their actions—or those of their subcontractors—result in injuries to workers, property owners, or bystanders. For example, if a contractor fails to maintain a safe job site and someone is injured, a personal injury lawsuit may arise. These cases can involve significant financial exposure, including medical costs, lost wages, and pain and suffering.
General liability insurance may cover such claims, but insurers often dispute coverage depending on the facts of the case. Legal representation is essential to navigate both the litigation and insurance aspects of these claims.
- Building Code Violations
Florida has strict building codes aimed at ensuring safety and quality in construction. Violations of these codes can lead to enforcement actions by local governments and lawsuits from property owners. In many cases, the contractor may be required to make costly repairs or reimburse the property owner for damages. A pattern of violations can also lead to license suspension or revocation.
Having a Fort Lauderdale contractor lawsuit attorney who understands local building codes and licensing requirements is vital in defending against these types of allegations.
How Jonathan P. Cohen, P.A. Can Help
Whether you’re a contractor facing a lawsuit or a property owner with concerns about defective work, Jonathan P. Cohen, Esq. can provide the legal support you need. As a respected Florida construction lawyer, Mr. Cohen brings extensive experience in representing clients in a wide range of construction disputes, including litigation, mediation, and arbitration.
His firm, Jonathan P. Cohen, P.A., is based in Fort Lauderdale and serves clients throughout Florida. Mr. Cohen has built a reputation for thorough case preparation, deep knowledge of construction law, and an unwavering commitment to client advocacy. From negotiating favorable settlements to aggressively defending clients in court, his goal is always to achieve the best possible outcome.
Contact a Trusted Fort Lauderdale Contractor Lawsuit Attorney
If you are involved in a construction dispute in Florida—whether as a contractor, subcontractor, or property owner—don’t wait until the situation escalates. Legal action can move quickly, and your ability to protect your rights depends on having experienced counsel by your side.
Contact Jonathan P. Cohen, P.A. today to schedule a consultation with a trusted Fort Lauderdale contractor lawsuit attorney. Call us today at (954) 462-8850 to schedule your appointment, or visit us online at www.jcohenpa.com.
The information provided in this article does not, and is not intended to, constitute legal advice. The content in this article is presented for general informational purposes only.