Construction or remodeling projects are subject to a range of laws concerning building, contracts, real estate, labor and employment, environmental law, and more. Even a simple remodel, renovation, addition, or installation can run into problems. When a legal issue arises during your construction or remodeling project, you’ll want the help of an experienced construction lawyer who can navigate this legal maze and efficiently resolve the issue.
In Florida, and the greater Tampa Bay Area, The Boudreau Firm provides top-notch legal services for construction and remodeling cases. We represent homeowners, property managers, contractors, subcontractors, architects, engineers, suppliers, developers, and laborers facing construction law issues such as:
- Breach of contract claims
- Construction delay claims
- Construction defect claims
- Lien law issues
- Bonds and sureties
- Labor and employment disputes
- Sinkhole claims
- Professional malpractice
- Building code violations
- OSHA violations
- Other construction disputes.
The Boudreau Firm can skillfully represent you in settlement negotiations or in litigation. Our lead attorney Tamera Boudreau is known for her tenacious representation leading to high-value case results for her clients. Alternatively, if you wish to resolve the issue out of court, we provide efficient mediation and arbitration services.
Call The Boudreau Firm at 727-390-7614.
Breach of Contract in Construction or Remodeling
If the other party violated the terms of your construction contract, you may be able to claim compensation for damages. Some common contract violations in the construction industry are:
- Defective construction
- Defective design
- Construction delay
- Failure to perform contractual duties
- Failure to pay
- Adding extra work
- Deviating from plans.
Florida courts normally require a claimant to show that the violation was a “material breach” – one that strikes the very essence of the contract and results in damages. An attorney’s legal know-how will be indispensable in proving the material breach in your claim.
Construction Defects
If you find a defect in your building that makes it unsafe or has already caused harm, such as not meeting building codes, you may be able to file a lawsuit for compensation. Some of the most common construction defects are:
- Structural understrength
- Substandard materials
- Inadequate foundation reinforcement
- Deviation from specifications
- Component that fails to work as it should (e.g. roof leaks, plumbing leaks, concrete cracks)
- Building code violations
- Premature deterioration
- Sloppy work, not meeting code.
One legal concept that may apply is “implied warranty,” the unwritten promise of a manufacturer or builder that their product is safe for the purpose it was built. If a home or building was constructed in a way that makes it unfit for its purpose, this might constitute a breach of implied warranty.
If the building defect results from the design of the structure, you may be able to file a negligence claim against a design professional, such as the architect or the engineer. Florida law counts it as a construction defect if the design fails to meet the applicable “standards of care.”
Regardless of the type of construction defect, it is important to consult with a lawyer immediately, as there are statutes of limitations (time limits) for filing suit. In general, Florida’s statute of limitations for construction defects is four years, starting from the most recent of these dates:
- Date of owner’s actual possession
- Date of certificate of occupancy
- Date of abandonment of construction (for uncompleted buildings)
- Date of completion, or date termination of the contract.
However, if the construction defect was latent – that is, not immediately noticeable – the statute of limitations starts on the date you discover the defect.
Don’t hesitate to speak with us at The Boudreau Firm for legal help from one of our construction lawyers regarding the defective quality of your building.
Lien Law Issues
A “construction lien,” formerly called “mechanic’s lien,” is a legal tool for a contractor, subcontractor, supplier, or laborer to assert any unpaid dues that a property owner owes them. When someone files a construction lien, it attaches to the property title in question, indicating that the lien filer has financial interest in the property until the owner settles the unpaid dues.
Construction liens often give rise to disputes. In many cases, a property owner finds that a subcontractor has filed a mechanic’s lien against them even if they already paid the general contractor in full. On the other hand, a contractor may resort to filing a lien if the property owner or general contractor required extra work that remains unpaid.
Skilled negotiation is essential in resolving a lien issue. Talk to our experienced construction law attorney at The Boudreau Firm to see how we can help.
Contact a St. Petersburg & Tampa Construction and Remodeling Lawyer Today
Consult The Boudreau Firm if you are involved in a construction dispute or if you would like to make a claim for construction-related damages. Attorney Tamera Boudreau has decades of experience obtaining ideal case outcomes for people caught in the unfairness of a construction/remodeling dispute. We can carefully assess your case, provide advice, build a creative legal strategy, and, if necessary, assert your rights in court.
The Boudreau Firm is based in St. Petersburg, Florida, and serves Tampa Bay, Clearwater, Pinellas County, Hillsborough County, Manatee County, Sarasota County, Pasco County, and beyond. Call us at 727-390-7614 today to schedule a consultation.