Construction Law

For over 30 years, members of the Firm have represented developers, architects, engineers, general contractors, sub-contractors, specialty contractors, and suppliers in all areas of Florida construction law, including:

  • ACQUISITIONS
  • DEVELOPMENT
  • CONTRACTS
  • LIENS AND WAIVERS
  • BONDS
  • CHAPTER 558 REQUIREMENTS
  • LICENSING
  • CONSTRUCTION NOTICES

Acquisition

The Firm has represented owners in every aspect of property acquisition. We make it a point to stress the initial suitability of the acquisition.  We then work with the owner or purchaser to formulate a contract that meets the parties’ inspection and due diligence needs.  We assist in procuring environmental audits and evaluations, perform title searches and provide title commitments and policies, and, ultimately, close the purchase or sale.  Broward County construction lawyer E. Scott Golden has been a featured seminar speaker on commercial contract matters.  Please see more about acquisition in our Florida Real Estate practice section.

Development

We have been involved in every area of land development.  Construction begins with obtaining the correct property, obtaining government approval, and having architectural plans that are suitable for the property.  We assist in every aspect of this development, including working with local planning departments, meeting zoning requirements, obtaining approval for plats and site plans, and meeting with local officials to create plans that will minimize governmental and construction disputes.

Contracts

Construction contracts come in a tremendous number of forms and varieties.  Depending on whether the construction project is commercial or residential, Florida construction law requires several mandatory provisions in the contract.  We seek to make sure that our clients understand contracts as complex as AIA documents for a twenty-story development or as straightforward as a few pages for a small repair project.

For government projects, we work with our clients to ensure that bids meet all the required criteria and that contract awards are handled properly.  We have handled disputes in the state courts, the local federal courts, and the U.S. Court of Federal Claims in Washington, D.C., for claims against the United States on federal projects.

Liens, Waivers, and Affidavits

While a project is in progress, nothing is more confusing than when a general contractor asks a sub-contractor to waive lien rights without first paying for the work that has been completed.  We advise clients on every aspect of lien rights, waivers, and affidavits related to such rights.  In the event of a payment dispute, we represent owners, contractors, and suppliers in advancing or defending lien claims.

Bonds

For projects that have payment bonds or performance bonds, or on which payment bonds are added during the project, we work with our clients to be certain that they understand their rights and to ensure that notices of nonperformance are timely served or defended.  The 2012 changes in bond law makes it increasingly important that Florida construction lawyers be familiar with current requirements in this area.

Chapter 558 Requirements

Chapter 558 requires that an owner notify his contractor of a claim or dispute prior to filing suit against the contractor.  This law was initially passed in order to facilitate quick, inexpensive resolution of residential disputes, but it has been expanded in the last decade to virtually all construction disputes, including commercial disputes.  We have handled many Chapter 558 notices on behalf of both owners and contractors, and will be able to assist you in any aspect of these matters by asserting or defending your rights.

Licensing

We assist our clients to obtain construction licenses from the Construction Industry Licensing Board.  In addition to assisting our clients to file the initial application, we are aware of the timetables imposed on the Board and the right of our clients to proceed, in the event that Board does not timely respond.  We have also represented licensed contractors when complaints have been filed against their licenses.  A surprising number of such complaints should never have been brought as license disputes or are resolved by providing a proper explanation of the circumstances that gave rise to the complaint.

Notices

The requirement to file various notices under the Florida construction law statutes is a huge trap for those not familiar with all of the notice requirements.  Whether you are an owner or general contractor that has to procure and file a notice of commencement, or a sub-contractor or supplier that has to file a notice to owner and claim of lien to protect your payment rights, we assist clients in every aspect of these matters.  Clients face tremendous penalties if they do not observe the time frames to file such notices, as well as notices of nonpayment, contractor final payment affidavits, and responses to various requests made by other parties.  If you have any questions regarding any of these types of time frames, please do hesitate to consult with us regarding your concerns.  Please be sure to bring with you all of your documents regarding your project so that we can ensure that no relevant document is overlooked.

Contact a dependable Fort Lauderdale construction law firm

To schedule a consultation with a Broward County construction lawyer, call (954) 764-6766 and ask to speak with someone who can assist you with a construction matter.

 


Golden Law