Construction projects can be complex, and when disputes arise, they can lead to costly delays and frustration. At Boatman Ricci, we understand the challenges that come with construction litigation and are here to help. Whether it’s a breach of contract, a payment disagreement, or a defect in workmanship, our experienced construction litigation team will advocate for your rights and protect your investments. With our support, you can move forward confidently and keep your project on track.
Common Types of Construction Disputes
Construction disputes can arise from a variety of situations, often involving contractual misunderstandings, delays, or issues with the quality of work. At Boatman Ricci, we have extensive experience handling a wide range of construction disputes and can guide you through the process. Some of the most common types of disputes include:
- Breach of Contract: Disputes often occur when one party fails to fulfill the terms of the contract, whether it’s related to deadlines, payment schedules, or the scope of work. We help ensure that your contractual rights are protected.
- Defective Work Claims: Property owners may raise claims of poor workmanship or defective materials, which can jeopardize the value and safety of the project. We work to resolve these issues, whether through negotiation or legal action.
- Construction Delays: Unforeseen delays can result in significant financial losses. Whether the delay is caused by weather, labor shortages, or mismanagement, we can help you hold the responsible parties accountable.
- Payment Disputes: Contractors or subcontractors not receiving timely payments or disputes over extra charges for change orders can quickly escalate. We assist clients in resolving these financial disagreements to keep projects moving.
With our guidance, you can resolve these disputes effectively and protect your interests throughout the process.
The Construction Litigation Process
When construction disputes cannot be resolved through negotiation or mediation, litigation may become necessary to protect your interests. At Boatman Ricci, we guide our clients through the construction litigation process to uphold their rights.
The typical stages of construction litigation include:
- Pre-suit notice: Under Florida Law, any party who wishes to bring an action based upon a “construction defect” (i.e., poor workmanship, code violations, etc.) is required to serve a pre-suit Notice of Construction Defect pursuant to Chapter 558, Florida Statutes. The Notice puts the other side on notice of the alleged defect and requires that the parties engage in a pre-suit exchange of information and any offer to compromise the dispute. This is most often the first step in a construction dispute.
- Filing a Claim: After the pre-suit notice of the claim, the formal legal process begins when one party files a formal complaint, outlining the nature of the dispute, the issues involved, and the legal grounds for seeking relief.
- Discovery: Both parties exchange documents, evidence, and information that may be relevant to the case. This phase is critical for building a strong legal argument.
- Mediation or Arbitration: Before heading to trial, parties may use alternative dispute resolution methods such as mediation or arbitration to seek a settlement without court intervention. These processes can often save time and money.
- Trial: If a settlement cannot be reached, the case proceeds to trial, where both sides present their arguments. We represent you aggressively in court to protect your interests.
Our Experience in Florida Construction Litigation
Our experienced attorneys have represented many parties involved in construction disputes, including owners, developers, sureties, design professionals, contractors, subcontractors, and suppliers. We have successfully litigated, arbitrated, and mediated construction cases in cities such as Fort Myers, Tallahassee, Orlando, Jacksonville, and throughout Southwest Florida. Our experience includes handling major construction defect lawsuits, including complex multi-million dollar construction defect litigation.
Beyond litigation, we serve as general counsel to small businesses and individuals, guiding them through all phases of their construction projects. From contract negotiations and document preparation to handling claims related to delays, disruptions, and surety bonds, we address day-to-day concerns with practical, strategic solutions. We are well-versed in Mechanics’ and Construction Lien Laws, corporate compliance, and the statutory requirements under F.S. 558 for construction defect claims. Whether local or out-of-state, our clients rely on us to navigate Florida’s unique legal landscape and ensure their projects stay on track while minimizing risk.
Why Choose Boatman Ricci for Your Construction Litigation Needs?
With our firsthand knowledge of the construction industry, the attorneys at Boatman Ricci are equipped to assess problems quickly and assist in the tactical and strategic decisions that can make the difference between a successful project and one wrought with problems. Our Truth Guided approach allows us to guide clients through construction projects and disputes with a clear-eyed perspective and a focus on achieving the right result for our client. We are Relationship Driven, meaning we are not driven by the “size” of our clients or their claims but rather we provide cutting edge services to each of our clients, in order to ensure our continued relationship with them. We are more than willing to assist with any matter regardless of size or complexity and every client receives our full resources.
Contact Our Experienced Florida Construction Litigation Attorneys
Contact Boatman Ricci today to discuss your construction project or dispute. If you reside in Naples, Fort Myers, or Southwest Florida, our experienced attorneys are ready to provide the legal support and guidance you need to protect your interests and achieve a successful outcome.