attorney[s who work with building contractors

Construction lawyers provide a wide range of services to anyone involved in any stage of a construction project. From planning to completion, construction lawyers represent owners, designers, architects, material suppliers, contractors, and subcontractors. A construction lawyer will assist their client with scheduling, budgeting, fulfilling regulatory guidelines, contracting, submitting claims, terminations, and so much more.

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What does a construction law attorney do?

Construction law involves all the legal issues surrounding construction including contracts, permits, state and municipal regulations, public hearings, safety standards and financing. Construction attorneys handle disputes as well as contracts and other agreements. Even if you are not a real estate developer or construction company an attorney who focuses on …

Is it difficult to find a great construction attorney?

May 22, 2017 · Construction attorneys can help contractors, construction companies, and other professionals who work in construction to cover all legal bases and make sure that they do not accidentally expose themselves to formidable risk. Here are some top things to look for when selecting a construction attorney for your next project. Education and Knowledge

Do I need a construction attorney to sign a construction contract?

Construction litigation attorneys deal with matters regarding disputes over contract negotiations, construction failures, late project completion, and work-site safety violations or accidents. Consumer construction litigation attorneys typically represent the end-user of apartments, homes, offices or public structures.

Do I need a lawyer for a construction payment dispute?

2 days ago · Description. Hill Ward Henderson, an AV-rated and Chambers USA-recognized law firm in Tampa, Florida seeks a qualified litigation attorney for its Construction & Design Practice Group. Candidates must have 1 or more years of construction litigation experience. Requirements. The position requires excellent academic credentials, strong communication …

What kind of attorney do I need to sue a contractor?

The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney.Feb 5, 2020

What does a construction lawyer do?

Construction lawyers are there to negotiate and draft agreements between the parties involved in a construction project. They work from the beginning of the project, opening up contracts all the way to completion, registration of the work and carrying out necessary formalities for the project.

What is construction negligence?

Construction negligence occurs whenever a project does not follow existing safety rules or standards of care and becomes a danger to workers or the public. Negligence that occurs during a building or repair project is a common form of construction negligence.Feb 8, 2022

How long does a contractor have to warranty his work in New York?

In general, the law says that construction defects are covered for one year after the warranty date—the date title passed to the first new home owner. Plumbing, electrical, heating, cooling, and ventilation systems are covered for two years after the warranty date.

What is construction law called?

From Wikipedia, the free encyclopedia. Construction law is a branch of law that deals with matters relating to building construction, engineering, and related fields. It is in essence an amalgam of contract law, commercial law, planning law, employment law and tort.

What makes a good construction lawyer?

Contracts in construction law can be complex and technical so construction lawyers need to have excellent analytical skills and attention to detail, as well as a good understanding of contract law and tort.

What are the 4 types of negligence?

What are the four types of negligence?Gross Negligence. Gross Negligence is the most serious form of negligence and is the term most often used in medical malpractice cases. ... Contributory Negligence. ... Comparative Negligence. ... Vicarious Negligence.

How long is a builder liable for his work?

With a contract signed between parties, you have the option to include an agreeable period of time that the builder will have to be responsible for their work within reason, even after snagging and handing over. Typically, this is between 12 and 24 months.Apr 1, 2021

What recourse do I have against a home builder?

If a builder did a poor job, the owner may be able to sue for breaching any express warranties that are provided. “However, prior to entering into a contract, it is important to have an attorney review the contract to determine what the warranty covers.Sep 30, 2021

How long do you have to sue a contractor in NY?

In New York, most subrogation actions must be filed within three (3) years from the date of loss. However, there are some important exceptions. The most important one is work that was done by contractors or architects.

Do builders guarantee their work?

Yes. It's a common misconception that homeowners buying a new build will not need a builder's warranty. In fact, many new builds can encounter issues within the first ten years. ... A builder's warranty will only cover issues caused by the builder being at fault, so ensure you're covered for all eventualities.

How much can a contractor ask for up front in NY?

New York City law requires that any person or business that solicits, canvasses, sells, performs, or obtains home improvement work where all costs (including labor, materials, etc.) come to more than $200 total must get an HIC license from the Department of Consumer Affairs.

What is breach of contract?

Breach of Contract Claim: Breach of contract refers to one party failing to follow through with their side of a contract. This may occur when the party has not delivered on their claims within an appropriate time frame, or when one party fails to perform at all. A contractor may found liable for breach of contract if they miss deadlines, do not begin the project, partially complete the project, or fail to utilize construction materials that were previously agreed upon in the contract. There are four main types of breach under the breach of contract umbrella: 1 Minor Breach: This occurs when a party fails to perform part of the contract, but does not violate the entire contract. This is sometimes referred to as an impartial breach; 2 Material Breach: This occurs when a breach is so substantial that it impairs the contract as a whole. In addition, the core purpose of the agreement must be rendered completely defeated by the breach. This is sometimes referred to as a total breach; 3 Fundamental Breach: This is essentially the same as a material breach. However, a fundamental breach is considered to be much more egregious than a material breach; or 4 Anticipatory Breach: An anticipatory breach is a breach that occurs when one party notifies the other that they will not be able to fulfill the terms of their contract. Anticipatory breach may also be referred to as anticipatory repudiation.

What is contract fraud?

Fraud Claim: contract fraud occurs when one party knowingly makes a false claim, intending to trick or deceive the other party into signing the contract. A homeowner may sue a contractor for fraud if they told the homeowner that the completed project would look one way, but the result is vastly different.

Can you sue a contractor without a written contract?

The reason that you can still sue a contractor without a written contract is because you may argue that an implied or oral contract was formed. For example, if you hire a contractor to paint your whole house, but they only paint 80% of your house, you may be able to have a court enforce your oral contract by having the contractor partially refund ...

Can you sue a contractor for breach of contract?

As can be seen, suing a contractor typically requires that you first prove there was a breach of contract, or at a minimum an agreement for services to be performed. Regardless of whether you have a written contract or not, suing a contractor is often a complicated and lengthy process. This is especially true since state laws vary.

What is a contract for a contractor?

When hiring a contractor, such as for home repairs, most homeowners and contractors sign a legal contract that specifies the terms of the arrangement. This includes the work that is to be completed, the amount that is to be paid for the work completed, and a time frame that sets a deadline for the when is to be completed.

Can a breach of contract claim be recovered?

Breach of contract claims generally allow a homeowner to recover damages such as a refund of payments made to the contractor. Alternatively, they may be able to refund the difference in costs for hiring a new contractor to complete the project.

What are the different types of breach of contract?

There are four main types of breach under the breach of contract umbrella: Minor Breach: This occurs when a party fails to perform part of the contract, but does not violate the entire contract. This is sometimes referred to as an impartial breach;

Why is it important to have a construction lawyer?

As a result, it may be worth your while to start your construction attorney search as close to the price ceiling as you can afford, because lawyers who charge the most often have the most experience, the best education, and a track record of superior results.

What can a construction attorney do?

Construction attorneys can help contractors, construction companies, and other professionals who work in construction to cover all legal bases and make sure that they do not accidentally expose themselves to formidable risk. Here are some top things to look for when selecting a construction attorney for your next project.

Is a construction attorney a good idea?

Because the laws and legal requirements surrounding construction projects can often be complex and even appear ambiguous, it is a good idea to make sure that the attorney you are considering has a extensive experience both in the field and in the local court system. A track record of success is a good indication that the construction attorney has a good reputation and also knows his or her way around the industry.

What is a track record of success?

A track record of success is a good indication that the construction attorney has a good reputation and also knows his or her way around the industry.

Can a construction lawyer communicate with you?

Even if your lawyer is busy and carries a large workload, you still deserve to be able to communicate with him or her without a headache. This means that while you are going through your construction attorney search, you should discuss what the communication options and standards for accessibility are for each attorney you consider.

What is the best way to look for a construction attorney?

It is usually best to look for construction attorneys who have a history of dealing with cases that are similar to yours in your state. This way, the construction attorney is likely to be familiar with all the laws, regulations, and other details that are important to know for your case .

What are the types of malpractice cases?

Our construction attorneys handle all types of architect and engineering malpractice cases, including lawsuits involving allegations of: 1 Defective design 2 Failure to comply with building codes, permitting or zoning laws 3 Underestimating costs and expenses 4 Overbilling 5 Failure to comply with specifications and plans as approved by the client 6 Failure to address issues in a timely manner 7 Financial damages caused by unreasonable delays 8 Misrepresentation or omission of an important fact 9 Failure to supervise a construction site

What is construction defect lawsuit?

Construction defect lawsuits are a common type of construction case in Florida. Construction defect cases often involve allegations of breaches of the implied warranties of merchantability and fitness for a particular purpose.

What is a business trial group?

The Business Trial Group includes a specialist in construction law who is Board Certified by the Florida Bar. Board certification recognizes an attorney as an expert in construction law and requires an attorney to have special knowledge, skills, proficiency, professionalism, and ethics.

What is express warranty?

An express warranty is a promise or guarantee regarding the performance, quality, or use of an item. An express warranty is usually a part of a contract for the sale of goods.

Derek Kantaskas

15+ years experience in helping clients with their construction litigation needs.

Carl Mitchell

Connect with a local Tampa, FL attorney with proven experience helping clients with Florida construction litigation issues.

J. Derek Kantaskas

Assisting people in Tampa with their Florida construction litigation issues.

Grant R. Dostie

Grant R. Dostie helps Tampa clients with their construction litigation needs.

Joshua E. Burnett

Assisting people in Tampa with their Florida construction litigation issues.

Adam M. Wolfe

Experienced, assertive construction litigation representation in the Tampa, FL area.

Morgan W. Streetman

Choose Morgan W. Streetman for experienced, diligent construction litigation representation in the Tampa, FL area.

Construction

• Contractors are typically hired by homeowners to fix, design, remodel or build part of their house. Unfortunately, projects do not always end up as anticipated by the homeowner. Most homeowners and contractors sign legal contracts that specify the work that will be completed, the amount that will be paid for the work, and a time frame that gives a deadline for when the wo…

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Construction Defect Lawsuits

• Construction defect lawsuits are a common type of construction case in Florida. Construction defect cases often involve allegations of breaches of the implied warranties of merchantability and fitness for a particular purpose. State law recognizes two basic types of warranties – express warranties and implied warranties. 1. An express warranty is a promise or guarantee regarding t…

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Construction Delay Lawsuits

Design Professional, Architect and Engineer Malpractice

Other Types of Construction Lawsuits

Board Certified in Construction Law