FLORIDA CONSTRUCTION LAW

Protecting Your Project.

Experienced Legal Guidance From Contract Through Completion.

Construction projects involve complex contracts, significant financial commitments, and relationships that can quickly become difficult when problems arise. DuFault Law represents contractors, subcontractors, developers, property owners, and homeowners throughout Florida, providing practical legal guidance designed to protect their interests, resolve disputes, and keep projects moving forward.

FLORIDA CONSTRUCTION LAW SERVICES

Protecting Your Interests at Every Stage.

From contract negotiation and project planning to payment disputes, construction liens, delays, and litigation, DuFault Law provides experienced Florida construction law representation for contractors, subcontractors, developers, property owners, and homeowners. Our team helps clients protect their contractual and financial interests, address problems before they escalate, and resolve construction disputes when they arise.

Residential real estate closing and title services in Naples, Florida
Construction Contracts
Contractor Representation
Subcontractor Representation
Dufault Law provides real estate title insurance and title services in Naples and Southwest Florida, including title searches, title examination, title commitments, owner and lender title insurance policies, closing services and resolution of title issues.
Construction Payment Disputes
Dufault Law provides real estate title insurance and title services in Naples and Southwest Florida, including title searches, title examination, title commitments, owner and lender title insurance policies, closing services and resolution of title issues.
Construction Liens
Dufault Law provides real estate title insurance and title services in Naples and Southwest Florida, including title searches, title examination, title commitments, owner and lender title insurance policies, closing services and resolution of title issues.
Homeowner Representation
Dufault Law provides real estate title insurance and title services in Naples and Southwest Florida, including title searches, title examination, title commitments, owner and lender title insurance policies, closing services and resolution of title issues.
Developer Representation
Dufault Law provides real estate title insurance and title services in Naples and Southwest Florida, including title searches, title examination, title commitments, owner and lender title insurance policies, closing services and resolution of title issues.
Change Orders & Scope of Work Disputes
Dufault Law provides real estate title insurance and title services in Naples and Southwest Florida, including title searches, title examination, title commitments, owner and lender title insurance policies, closing services and resolution of title issues.
Construction Delays & Disruption Claims
Dufault Law provides real estate title insurance and title services in Naples and Southwest Florida, including title searches, title examination, title commitments, owner and lender title insurance policies, closing services and resolution of title issues.
Construction Litigation
THE DUFAULT LAW DIFFERENCE

When the Project Gets Complicated, We Get to Work.

With more than 25 years of experience in the construction industry, our team understands construction from more than a legal perspective. We understand how projects operate, how problems develop, and how disputes can affect schedules, payments, relationships, and the project itself. DuFault Law provides practical, strategic counsel focused on protecting your position and finding the most effective path forward. From contract questions and payment disputes to construction liens, delays, and litigation, we help clients understand their options and take decisive action when it matters.

What Sets DuFault Law Apart

  • We Understand the Bigger Picture. Construction disputes rarely involve just one issue. We consider the contract, the project, the parties, the money, and the potential consequences before recommending a strategy.
  • We Get Involved Before Problems Escalate. Early legal guidance can often prevent a manageable issue from becoming a costly dispute. We help clients identify risks, understand their rights, and address problems before positions become entrenched.
  • We Protect Your Contractual & Financial Interests. From contract terms and change orders to payment disputes and construction liens, we focus on protecting the rights and financial interests at stake.
  • We Know Florida Construction Law. Florida construction matters involve specific contractual requirements, lien procedures, notices, and deadlines. We help clients navigate those requirements and understand how they affect the project and their legal rights.
  • We Represent Every Side of the Industry. Our experience representing contractors, subcontractors, developers, property owners, and homeowners gives us valuable perspective on how construction disputes develop and how the parties on the other side may approach them.
  • We Look for Solutions. We Prepare for Litigation. Not every construction dispute belongs in court. We pursue practical resolutions when they serve our client’s interests and are prepared to litigate when they do not.
UNDERSTANDING FLORIDA CONSTRUCTION LAW

Managing Risk from Contract to Completion.

Construction projects involve complex contracts, financial obligations, demanding schedules, and multiple parties with competing interests. Understanding your rights and responsibilities under Florida construction law can help prevent costly disputes, protect payments, and keep projects moving forward. From contract negotiations to litigation, informed legal decisions are essential to protecting your investment and minimizing risk.

Construction Contracts & Project Responsibilities

Construction contracts define the rights, responsibilities, and expectations of everyone involved in a project. Clear agreements addressing scope, payment, schedules, and performance help minimize risk, prevent misunderstandings, and protect your interests throughout construction.

Payment Rights & Construction Liens

Payment disputes can threaten a project’s financial stability. Understanding Florida’s construction lien laws, payment requirements, and enforcement procedures helps contractors, subcontractors, and property owners protect their financial interests and address unpaid claims.

Change Orders, Delays & Project Disputes

Changes in project scope, unexpected conditions, and construction delays can lead to increased costs and disagreements. Understanding contractual obligations, documentation requirements, and available remedies helps protect your interests when projects encounter challenges.

Resolving Construction Disputes

When construction conflicts arise, early evaluation and strategic legal guidance can make a significant difference. Whether through negotiation, mediation, arbitration, or litigation, understanding your options helps protect your rights and pursue effective resolutions.

CONSTRUCTION LAW INSIGHTS

The Law Behind the Build.

Construction Liens Aren’t Enough: How Smart Subcontractors Protect Their Right to Get Paid

How can subcontractors protect payment rights on Florida construction projects? While construction liens are[…]

Thinking About a Construction Joint Venture? Read This First

Joint ventures and teaming agreements are common in Florida construction projects, allowing contractors to[…]

Not Getting Paid? Florida Contractors Have More Leverage Than They Think

Payment disputes are a common—and costly—challenge in the Florida construction industry. When payments stall,[…]

Contractors Beware: Starting Work Without an NOC Can Create Legal Risk

Florida’s Notice of Commencement is one of the most important documents in the state’s[…]

Don’t Let a Construction Problem Derail Your Project.

Whether you are facing a contract issue, payment dispute, lien, delay, or another construction challenge, the sooner you understand your options, the better. Contact DuFault Law to put experienced Florida construction counsel to work for you.

FAQ | FLORIDA CONSTRUCTION LAW

Construction Questions. Clear Answers.

Florida construction projects can raise complex questions about contracts, payment, liens, change orders, delays, and disputes. Understanding your rights and obligations can help you address problems early, protect your financial interests, and make informed decisions as a project moves forward. Here are answers to some of the questions we hear most often about Florida construction law.

Construction Contracts & Project Disputes

What should a Florida construction contract include?

A construction contract should clearly define the scope of work, contract price and payment terms, project schedule, responsibilities of the parties, procedures for changes to the work, and how disputes will be handled. Depending on the project and parties involved, Florida law may also require specific notices or provisions. A carefully drafted contract can reduce uncertainty and provide a clearer framework for addressing problems that arise during construction.

What happens when a contractor or property owner breaches a construction contract?

The available remedies depend on the contract, the nature of the breach, and the circumstances of the project. A dispute may involve unpaid amounts, incomplete or additional work, delays, termination, damages, or other contractual remedies. The contract should be reviewed carefully because notice requirements, cure periods, dispute procedures, and limitations on remedies can significantly affect each party’s rights.

How should change orders and additional work be handled?

Changes to the scope, price, materials, or schedule should be documented as clearly as possible. Construction contracts often establish specific procedures for approving change orders and additional work. Disputes frequently arise when work is performed without a properly documented change or when the parties disagree about whether the work was included in the original scope.

What should I do when a construction dispute begins?

Preserve the contract, plans, specifications, change orders, invoices, payment records, schedules, photographs, text messages, emails, and other project documentation. Before terminating a contract, withholding payment, stopping work, or taking another significant action, review the contract and applicable legal requirements. Construction disputes often involve notice requirements and deadlines that can affect your rights.

Don’t See Your Question Here?
Construction disputes can involve different contracts, parties, deadlines, and legal requirements. Contact DuFault Law to discuss your project and learn how our team may be able to help.

Payment & Florida Construction Liens

What is a construction lien in Florida?

A construction lien can provide certain contractors, subcontractors, laborers, material suppliers, and other qualifying parties with a legal claim against real property for unpaid labor, services, or materials furnished to improve the property. Florida’s Construction Lien Law contains detailed requirements governing who may claim a lien and the notices, deadlines, and procedures necessary to preserve lien rights.

How long do I have to file a construction lien in Florida?

Florida construction lien rights are subject to strict statutory deadlines. The applicable deadline can depend on the claimant’s role and when the claimant last furnished qualifying labor, services, or materials to the project. Other notices may be required much earlier. Because missing a required deadline can affect lien rights, the timeline should be evaluated promptly rather than waiting until the payment dispute becomes serious.

What is a Notice to Owner in Florida construction?

A Notice to Owner is a statutory notice used by certain parties who do not have a direct contract with the property owner to preserve potential construction lien rights. Florida law establishes requirements concerning who must serve the notice, when it must be served, and what it must contain. Serving a Notice to Owner does not mean that a lien has been filed against the property.

Can a Florida property owner challenge a construction lien?

Yes. A property owner may dispute whether a lien is valid, whether the claimant complied with Florida’s statutory requirements, whether the amount claimed is proper, or whether the claimant has lien rights at all. Florida law also provides procedures that may shorten the time available for a lien claimant to bring an enforcement action. Because lien disputes can involve strict procedures and deadlines, both owners and lien claimants should address them promptly.

Don’t See Your Question Here?
Construction disputes can involve different contracts, parties, deadlines, and legal requirements. Contact DuFault Law to discuss your project and learn how our team may be able to help.

Delays, Claims & Construction Litigation

Who is responsible when a construction project is delayed?

Responsibility for a delay depends on what caused it, the construction contract, and the facts surrounding the project. Delays may result from an owner, contractor, subcontractor, design professional, material availability, permitting issues, weather, changes in the work, or other circumstances. The contract may also contain provisions governing extensions of time, notice of delays, liquidated damages, and compensation for additional costs.

Can a contractor stop work if they are not being paid?

Potentially, but stopping work without first understanding the contract and applicable law can create additional legal problems. The right to suspend or terminate work may depend on payment provisions, notice and cure requirements, the nature of the nonpayment, and other contractual obligations. Contractors and subcontractors should evaluate these requirements before leaving a project or terminating performance.

Can construction disputes be resolved without going to court?

Yes. Many construction disputes are resolved through direct negotiation, mediation, or arbitration rather than traditional litigation. The construction contract may require a particular dispute-resolution process. The appropriate approach depends on the contract, the amount at issue, the parties’ positions, the urgency of the problem, and whether a practical business resolution remains possible.

When should I contact a Florida construction attorney about a project problem?

Legal guidance can be particularly valuable when a significant payment is being withheld, a lien or Notice to Owner has been received, a party threatens to terminate the contract or stop work, a substantial delay develops, a change order is disputed, or litigation appears likely. Addressing the issue early can provide more options than waiting until work has stopped or the parties’ positions have become entrenched.

Don’t See Your Question Here?
Construction disputes can involve different contracts, parties, deadlines, and legal requirements. Contact DuFault Law to discuss your project and learn how our team may be able to help.