Fort Lauderdale Construction Litigation Lawyer

What Construction Litigation Covers in Florida

Construction litigation is broader than a single type of dispute. It covers nearly every conflict that can surface over the life of a project, from the first change order to the final punch list. Unlike a construction lien claim, a narrow, deadline-driven remedy for unpaid work, construction litigation resolves the underlying dispute: who breached the contract, who’s responsible for a delay, whether the work met the contract’s terms and standards, and who pays for what went wrong.

Because South Florida’s construction industry moves fast and involves so many moving parts (owners, developers, general contractors, subcontractors, architects, engineers, and suppliers), disputes rarely stay simple. A single project can generate overlapping claims for non-payment, delay, defective work, and licensing issues, all at once.

You need legal professionals with advanced knowledge and skill in construction litigation to protect your interests and get to the heart of the matter.

Common Types of Construction Disputes We Handle

• Breach of contract claims
• Non-payment and payment disputes
• Project delays and delay claims
• Construction defects and warranty disputes
• Licensing and regulatory compliance issues
• Insurance coverage and risk-transfer disputes
• Bond and surety claims

Who We Represent

• Property owners and developers
• General contractors
• Subcontractors and sub-subcontractors
• Design professionals (architects and engineers)
• Material suppliers

Florida’s Statute of Limitations for Construction Litigation

Construction litigation in Florida runs on a strict clock, and it’s not the same clock for every type of claim. Waiting to see how a dispute plays out can cost you the right to bring it at all.

Design, Planning & Construction Claims — 4 Years

Under Florida Statute §95.11(3)(c), claims founded on the design, planning, or construction of an improvement to real property generally must be filed within four years. That clock typically starts running from the date of actual possession by the owner, the issuance of a certificate of occupancy, abandonment of construction, or completion of the contract, whichever is latest. When a claim involves a latent defect, the four years generally runs from when the defect was discovered or should have been discovered.

The Statute of Repose — 10 Years

Even a latent defect claim doesn’t stay open forever. Florida’s statute of repose generally cuts off construction-related claims 10 years after the same triggering events above, regardless of when the defect is actually discovered.

General Negligence Claims — 2 Years

Following 2023 legislative changes, the statute of limitations for general negligence claims, which can overlap with certain construction disputes, was generally shortened from four years to two.

How Construction Litigation Unfolds in Broward County

• Case evaluation — we review the contract, the facts, and the statute of limitations that applies to your specific claim.
• Pre-suit requirements — for certain construction defect claims, Florida Statute Chapter 558 requires formal notice of claim before you can file a lawsuit.
• Pleadings — the complaint (or answer, if you’ve been sued) is filed in Broward County Circuit Court.
• Discovery — documents, depositions, and expert evaluations build the record, which is usually the longest phase in a construction case.
• Mediation — Florida courts frequently require mediation before trial, and many construction contracts require it as well.
• Trial or resolution — if the case doesn’t settle, it proceeds to trial before a judge or jury.

Each of these phases has real deadlines and real consequences for missing them.

Pursuing Breach of Contract & Non-Payment Claims

When a contractor isn’t paid for completed work, or an owner doesn’t get what the contract promised, litigation is often the only way to recover what’s owed. Michael Garcia, P.A. handles these disputes from filing through trial, including:

• Breach of contract claims against owners, contractors, or subcontractors
• Recovery of amounts owed, costs, and delay damages
• Pursuing prevailing-party attorney’s fees where a contract or statute allows
• Claims involving change orders, scope disputes, and defective payment applications

If You’ve Been Sued: Defending Construction Litigation Claims

Being served with a construction lawsuit doesn’t mean the claim against you is valid. Florida law gives defendants real ways to push back.

Mediation, Arbitration & Resolving Disputes Before Trial

Not every construction dispute needs to go to trial to be resolved. And given the cost of prolonged litigation, that’s often the better outcome for everyone involved. Many construction contracts already include mediation or arbitration clauses, and Florida courts frequently require mediation before a case can proceed to trial. Michael Garcia, P.A. uses our advanced knowledge to evaluate every case with an eye toward the fastest path to a fair result, whether that’s a negotiated resolution, mediation, arbitration, or, when necessary, proceeding to trial.

When the Contract Doesn’t Cover It: Other Legal Theories

Not every construction dispute fits neatly into a breach-of-contract claim. Depending on the facts, other legal theories may apply, including:

• Quantum meruit (payment for the reasonable value of work performed)
• Unjust enrichment
• Equitable claims where a written contract is disputed, incomplete, or unenforceable
• Lien enforcement, where lien rights are still available