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General Construction Disputes and Litigation

Disputes are common on construction projects. The Tampa Construction Attorneys at Lieser Skaff represent owners, developers, contractors, subs, architects, material suppliers, engineers, builders, construction managers, and other participants in residential and commercial construction disputes.

Common construction disputes concern:

  • Differing interpretations of the plans and specifications and scope of work
  • Excessive change orders, extra or out-of-scope work
  • Site conditions
  • Cost overruns
  • Construction defects or negligent construction
  • Contract defaults and terminations
  • Warranty claims
  • Bond/Surety Claims
  • Mechanics lien/construction liens

Disputes cost time and money and can damage established reputations and professional relationships.  Seeking the involvement of experienced construction attorneys at the beginning of a construction project is, in the long run, a prudent, cost-saving decision that may avoid expensive disagreements and lawsuits later.

We help our clients evaluate, negotiate, draft and revise construction contracts that can prevent or minimize some of the more common construction disputes. This includes counseling our clients on insurance requirements and examining risk shifting provisions, such as indemnity clauses, lien releases and lien waivers and periodic inspections to help control and mitigate inherent project risks.

As the project proceeds, our firm works closely with clients to ensure that contract provisions and Florida’s Construction Lien Law (Chapter 713) are being closely adhered to.

We offer project advice when our clients encounter schedule delays, clashes over change orders, modifications to the original scope of work and unexpected impacts to the project. Our attorneys help clients develop and implement plans designed to move the project forward, minimize the risk of protracted conflicts and reduce costs.

If a dispute arises, we work with our clients to achieve an informal, quick and inexpensive resolution. If informal resolution is not possible, and litigation is inevitable, however, we pursue our client’s interests in court vigorously and efficiently. Our skilled negotiators and trial lawyers have a proven track record of success.

Construction Mediation

Construction projects involve a variety of parties, including the owners/developers, contractors, sub-contractors, material suppliers, and more. Many things can go wrong, and it can be difficult to identify who is responsible to pay damages in the event of a mistake. We can help mediate construction disputes to avoid the need for an expensive and time-consuming lawsuit.

Consult the Tampa Construction Dispute and Litigation Attorneys at Lieser Skaff

We have a deep, technical understanding of the construction process, the roles of the various contracting parties and the relationships between those parties. Our knowledge and experience puts us in a unique position to help clients discover solutions before disputes must go to arbitration or trial. However, our seasoned litigators are also prepared to present a thorough case if a dispute must proceed on the merits.

Blog Posts About Construction Disputes and Litigation

Recent Amendment to Chapter 558: Presuit Notice for Construction Defects no longer the Statute of Repose

Florida Statutes Chapter 558 requires property owners to send a pre-suit notice for construction defects before suing. The ruling in Gindel v. Centex Homes provided a way to extend the statute of repose; however, a 2019 amendment to the statute effectively overruled Homes, clarifying that notices do not toll the 10-year limit.
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Jeff Lieser Consults with Channel 8 on Tampa’s Tempo High-Rise Construction Defects

The Tampa Housing Authority’s Tempo high-rise faces costly construction defects, including upside-down windows and water leaks that could lead to mold. Lieser Skaff attorney Jeff Lieser warns that despite THA assurances, taxpayers may bear the costly financial burden of litigating and fixing the issues.
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Tampa Construction Defect Lawyers Protecting Florida Homeowners’ Rights Under KB HOME Settlement

The Florida Attorney General’s Office settled with KB HOME after a three-year investigation related to failing to inform homeowners of building code violations and denying warranty coverage. The settlement requires KB HOME to repair homes and reimburse out-of-pocket expenses to affected homeowners.
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Hiring Unlicensed Contractors Could Lead to Trouble

Hiring an unlicensed contractor may seem cost-effective but poses legal, financial, and quality risks, exposing you to potential fines, liability for damages or injuries, and shoddy workmanship. Although Florida law limits the legal rights of an unlicensed contractor, it is also illegal to knowingly hire an unlicensed contractor.
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Tampa Construction Defect Claims: Real and Synthetic Stucco Cracks and Water Damage Caused by Improper Installation

Properly installed stucco or EIFS can last for the lifetime of the home; however, improperly installed stucco or EIFS (thin layers, improper weatherproofing, or insufficient caulking) can lead to water damage, rot, and mold. Florida homeowners must sue within four years of discovering damage, but no later than ten years post-construction, to enforce the warranty.
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Abrogation of Florida’s Economic Loss Rule (ELR) and What It Means

The Economic Loss Rule (ELR) originally limited claims in contract disputes to breach of contract, barring tort claims like negligence or fraud for purely economic losses. Florida's Tiara ruling, however, restricted ELR to product liability cases, opening the door for tort claims in contract disputes which can expose parties to broader liability.
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Protecting Lienors and Property Owners During Home Improvement

Construction lienors must serve a timely “Notice to Owner” to preserve lien rights while manufacturers of “specially fabricated materials” must follow similar, but different, rules. To protect against lien liability, property owners should record a Notice of Commencement as well as obtain lien releases and contractor affidavits before making payments.
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