Miami Construction Lawyer

A construction lawyer in Florida writes and reviews the contracts that run a project, protects the right to be paid through the lien notices and deadlines in chapter 713, Florida Statutes, and handles payment, delay and defect disputes. The work starts early, because lien rights turn on dates.

Aaron Resnick, a Miami business attorney with Law Offices of Aaron Resnick, advises owners, developers, contractors and suppliers on construction contracts and represents them in the disputes that follow.

What Does a Construction Lawyer Do in Florida?

A construction lawyer drafts and negotiates project contracts, tracks notices and deadlines while work is underway, and handles disputes when problems arise. A payment or defect claim may lead to negotiation, mediation, arbitration or a lawsuit, depending on the contract and the facts.

Aaron Resnick advises clients on construction contracts and represents clients in construction disputes. Owners and contractors already facing a claim can start with construction disputes.

The agreements Aaron Resnick drafts, reviews and negotiates include construction contracts, subcontracts, architect and design contracts, surety bonds and indemnity agreements. He also helps clients allocate risk among the parties to a project and document changes to its scope, timeline or budget.

Aaron Resnick also handles competitive bidding, bid protests and procurement law questions, insurance claims for property damage or injuries on a project, and compliance with zoning laws, environmental regulations and safety standards, including environmental permits. He assists in enforcing and defending against mechanic's liens and helps clients seek remedies for substandard construction.

He advises on construction matters that involve federal law, including Occupational Safety and Health Administration standards, the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act, the National Environmental Policy Act, the Clean Air Act, the Clean Water Act, the Miller Act, the Prompt Payment Act, the Federal Acquisition Regulation and the Americans with Disabilities Act.

Who Needs a Construction Lawyer?

Anyone whose money depends on a Florida project may need one: the owner or developer paying for the work, the general contractor, a subcontractor, a material supplier, and the architect or engineer who designed it. Each party has rights and deadlines tied to its role on the project.

An owner wants the work finished without paying twice. A contractor or supplier wants to be paid for work done. Architects and engineers need contracts that clearly describe their design responsibilities.

Aaron Resnick reviews the agreement for the party he represents, focusing on that client's work, payment terms and responsibilities.

Aaron Resnick also represents construction managers, material suppliers and manufacturers, government entities, surety companies, financial institutions that finance construction, insurance companies, individual property owners, and professional associations and industry groups.

What Should a Florida Construction Contract Settle?

A construction contract should settle the scope of work, the price and how changes to it are approved, the schedule and what happens when it slips, who carries which risk, and how a dispute is resolved. Many construction disputes begin with a term the contract left open.

Use a written change order to record agreed changes to the work, price and completion date.

Aaron Resnick drafts and reviews these agreements; see contract drafting and negotiation. When a signed contract is not honored, the claim is usually breach of contract.

What Are Florida's Construction Lien Deadlines?

Florida lien deadlines depend on the claimant's role and the project. A notice to owner may be due within 45 days, a claim of lien generally within 90 days, and an enforcement suit within one year, subject to earlier deadlines. Aaron Resnick checks the exceptions under chapter 713, Florida Statutes.

The table describes common steps for private construction liens. Exemptions and payment bonds can change those rules under the same chapter.

Laborers and professional lienors under the same chapter are exempt from the notice to owner requirement described here. Additional copies and service requirements under chapter 713 also matter; mailing a document is not always enough.

For a termination covered by the same chapter, the recording deadline is the earlier of 90 days after termination or 90 days after final furnishing. Correcting previously completed work does not count as new final furnishing.

A valid, timely amended claim showing a later final furnishing date can start the one year enforcement period from its recording date. The rules in the same chapter also require a recorded notice of the lawsuit to protect a continued lien against certain later buyers and creditors.

A separate circuit court summons can require action within 20 days after service to avoid cancellation of the lien under the same chapter. Aaron Resnick checks the actual notice or summons before advising a client about a lien deadline; see Florida construction liens.

What Must an Owner Do When a Project Starts?

For a project requiring a notice of commencement, the owner or authorized agent must record it and post the required copy before work begins. The notice generally lasts one year unless a different effective period is stated. Aaron Resnick checks the notice and any amendments under chapter 713, Florida Statutes.

If work does not start within 90 days after recording, the notice becomes void under the same chapter. A project that runs beyond the notice's effective period needs review before further payments; an amendment can extend the period.

Keep notices to owner and obtain appropriate releases from subcontractors and suppliers, not just the contractor receiving payment. Before final payment, obtain the contractor's required affidavit and address unpaid lienors under the same chapter. A contractor's release alone does not resolve an unpaid subcontractor's lien rights.

Aaron Resnick reviews the notices, payment records and lien releases under the same chapter to assess the risk of paying twice.

What Notice Does Florida Require Before a Construction Defect Lawsuit?

For a claim covered by chapter 558, Florida Statutes, the claimant generally serves written notice at least 60 days before filing suit, or 120 days for an association representing more than 20 parcels. Aaron Resnick checks whether the chapter applies and whether an exception permits filing sooner.

Serve the contractor, subcontractor, supplier or design professional alleged to be responsible for the defect, as applicable. If the claim arises from contracted work, the rules in the same chapter require service on the person with whom the claimant contracted.

The original notice recipient generally has 45 days after service to respond in writing, or 75 days for an association representing more than 20 parcels. The rules in the same chapter permit an earlier lawsuit in specified circumstances, including a response disputing the claim and declining both repair and settlement, or a missed response deadline.

The notice requirement does not apply before the project reaches the statutory stage of completion under the same chapter. The parties may also agree in writing to opt out or change the notice process under chapter 558.

A properly served notice pauses the applicable limitation period as provided in the same chapter, but does not pause the seven year outer limit. Aaron Resnick prepares and answers these notices; the defect claim itself is covered on construction disputes.

How Long Do You Have to Sue Over a Construction Problem in Florida?

Under chapter 95, Florida Statutes, claims based on the design, planning or construction of an improvement generally have a four year limitation period. Many written contract claims have five years, but that period does not replace a more specific deadline. Aaron Resnick identifies the claim before calculating the filing date.

Ordinarily, the construction clock starts on the earliest date the building authority issues a temporary certificate of occupancy, certificate of occupancy or certificate of completion, or when unfinished construction is abandoned. For a hidden defect, the four years generally run from discovery or when reasonable diligence should have revealed it under the same chapter.

The outer limit is generally seven years from the applicable starting event, even for a hidden defect. Certain related counterclaims, crossclaims and claims against third parties may be filed up to one year after service of the pleading they relate to, under the same chapter.

For a newly constructed home designed for one household and used as a model home, the clock starts when the first deed transferring title to another party is recorded. For a project with several buildings, each building is treated separately under the same chapter.

For permitted construction covered by an issued completion or occupancy certificate, repairs to completed work do not restart the deadline under the same chapter. Aaron Resnick checks the permit file, title records and any existing lawsuit before calculating the dates.

Can an Unlicensed Contractor Enforce a Contract in Florida?

No. Under chapter 489, Florida Statutes, a contract entered into by an unlicensed contractor cannot be enforced by that contractor, but the statute preserves the other party's contract rights. Aaron Resnick checks the required license, any business qualifying agent and the date that determines licensing status.

An individual must hold the state license required for the work; a business must have the required primary or secondary qualifying agent. Work requiring no state license is not treated as unlicensed on that basis. A missing business tax receipt alone does not trigger this rule under the same chapter.

Licensing status is tested on the original contract's stated effective date, or its stated final signature date if no effective date appears. If neither date is established, the first date of labor, services or materials controls under the same chapter.

The rule covers contracts entered into on or after October 1, 1990. A contractor barred from enforcing the contract under this rule also has no lien or bond claim for that work under the same chapter.

Why Hire Aaron Resnick for a Construction Project or Dispute?

Aaron Resnick is a past president of the Miami Beach Bar Association and has been named to Florida Super Lawyers every year since 2013. He reviews the contract, notices, payment records and project dates to identify the claim, the available options and the deadlines that require attention.

What Should You Send Aaron First?

Send the construction contract, change orders, lien papers, payment records and any defect notice. Include permit records, completion or occupancy certificates, and the dates work began, stopped or was abandoned. Aaron Resnick uses those records to identify the claim, check its deadlines and decide what additional documents are needed.

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

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.

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

The Law Offices of Aaron Resnick represents owners, developers, contractors and suppliers in Miami Dade, Broward and Palm Beach counties and across Florida 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.