Miami Construction Dispute Lawyer

A Miami construction dispute lawyer reads the contract, the change orders and the notices first, because Florida construction claims turn on written notices and deadlines that run before anyone files suit. Law Offices of Aaron Resnick handles defect, payment, lien, delay and termination disputes for owners, developers, contractors and suppliers. Construction dispute attorney Aaron Resnick has handled business disputes in Miami since 1998 and works hands-on on every case.

Aaron knows the law. He knows both sides. And he knows Miami. That is why Miami business owners know Aaron.

What Must an Owner Do Before Suing a Contractor Over a Construction Defect in Florida?

Chapter 558, Florida Statutes, generally requires written notice of a construction defect at least 60 days before filing an action, or 120 days for an association representing more than 20 parcels. Serve the responsible contractor, subcontractor, supplier or design professional as applicable. The notice must describe each alleged defect, identify its location and refer to the chapter.

The process allows inspection and a response proposing repairs, payment or disputing the claim. A timely motion can pause an action filed without compliance. Put notice, response and filing dates on separate calendar entries; the notice does not extend the statute of repose.

Aaron Resnick reviews the notice of claim, the response and the calendar dates for each.

How Long Do I Have to Sue Over a Construction Defect in Florida?

Chapter 95, Florida Statutes, generally allows four years from the earliest applicable occupancy certificate, completion certificate or abandonment date. For a latent defect, discovery or discovery through due diligence starts that period. A separate seven year outer limit generally runs from the statutory certificate or abandonment date, not from discovery.

Exceptions in the statute require review of the project and claim dates. For completed permitted work, later repairs do not necessarily restart the clock. Check the temporary certificate of occupancy, certificate of occupancy, certificate of completion and any abandonment date before calculating either deadline.

Aaron Resnick reviews the certificate and abandonment dates before either deadline is calculated.

How Long Does a Contractor or Supplier Have to Record a Construction Lien?

Chapter 713, Florida Statutes, generally requires recording within 90 days after final furnishing of labor, services or materials. A separate notice to owner requirement generally applies to subcontractors and suppliers without a direct contract with the owner. That notice is due within 45 days after starting, subject to an earlier final payment limit.

When notice to owner is required, failure to serve it on time is a complete defense to enforcing the lien. Under the chapter's definition, final furnishing is the last date labor, services or materials were furnished, and correcting deficiencies in earlier work does not count. A qualifying contract termination can also shorten the recording period; check both the work and termination dates.

Aaron Resnick reviews the final furnishing date, the notice to owner and any termination date on a lien claim.

Does a Construction Contract's Arbitration Clause Have to Be Followed?

A written arbitration agreement is generally enforceable under chapter 682, Florida Statutes, subject to grounds for revoking a contract. A court decides whether the agreement exists and covers the dispute. For a construction defect claim, the notice and response provisions in chapter 558 control to the extent an arbitration clause conflicts with them.

Read contractual mediation requirements together with the statutory notice process before choosing the next step.

Aaron Resnick reads the arbitration clause, any mediation requirement and the chapter 558 notice process together.

What Should I Send Before a First Meeting About a Construction Dispute?

The contract and every change order, the plans and specifications that matter, pay applications and lien waivers, the certificate of occupancy or completion, every notice sent or received (including any chapter 558 notice or notice to owner), photographs, and the schedule.

A short timeline of who did what, and when, helps identify the disputed point and the next deadline.

Aaron Resnick reviews those documents first.

The Disputes the Firm Handles

Construction defects and water intrusion; breach of a construction contract; payment disputes, change orders and extra work; construction liens and bond claims; delay and scheduling claims; design errors by architects and engineers; termination of a contractor or a subcontract; bid protests; and insurance coverage disputes that follow a construction loss. See construction law in Florida, breach of contract and real estate litigation.

If Miami Dade is the proper venue and arbitration is not required, county court generally handles monetary disputes of $50,000 or less under chapter 34, Florida Statutes. Circuit court generally handles larger civil claims and appropriate equitable relief under chapter 26, Florida Statutes. Miami Dade is served by the Eleventh Judicial Circuit.

Send the parties, the problem and the next date; the firm reviews every inquiry and tells you whether it can help.

We Don't Make Promises. We Have Results to Prove It.

Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami resident. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick represents owners, developers, contractors and suppliers in Miami Dade, Broward and Palm Beach counties in construction defect, payment, lien and contract disputes. Call 305-672-7495 or request a consultation.

This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.