Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida
786-574-4943

Involved in a construction dispute? Make sure you know the rules


When disputes arise between Miami residents, there are a number of ways to try to work out the dispute. Businesses and individuals who run into conflict with others may attempt to work out the problem informally, whether by compromising or demanding that a certain action be taken. If that fails to work, it may become necessary to pursue more formal means to resolve the dispute, up to and including litigation.

Each tactic that can be used has different advantages and disadvantages to it. However, the choice of tactics, whether it be settlement, litigation or otherwise, is often left to those involved in the dispute. This is not always the case, however, such as when it comes to a construction dispute.

There are specific provisions enacted under Florida law that govern construction litigation. The Legislature has sought to put forward an alternative method to resolve construction disputes, rather than allowing these cases to proceed to litigation as others might.

One key requirement has to deal with fixing construction problems that may be alleged against a contractor, subcontractor or other professional. Under the statute, a person alleging a construction defect must give notice to the contractor or other entity of the problem. The notice has to describe the defect in detail, as well as the damage that has been caused by the defect.

The contractor then is given an opportunity to inspect the property to assess the alleged defect. The contractor must then provide a response as to the issue, which may include an offer to remedy the problem.

There are specific timelines that apply at each step of the way. If these timelines are not followed, or if the notice or response requirements are not followed, it can impact any litigation that might follow. Accordingly, businesses and individuals who are involved in construction litigation need to be aware of their obligations under the statute and how it can affect the case.

Source: Florida Legislature, "Chapter 558: Construction defects," accessed on Sept. 5, 2015

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