Construction Law

construction law

VolkLaw helps prepare and review contracts, change orders when the scope of your work needs to be modified, comply with lien rights and contractual procedures, resolve change order disputes, and determine legal rights and remedies in dealing with non-performing owners, contractors, subcontractors, material suppliers, and lenders.  Our extensive experience enables us to handle virtually any problem that may arise so that you can minimize your costs and maximize your profits.

Contract Drafting & Review:

  • We draft and review construction contracts, including AIA documents, to ensure your rights and obligations are clearly defined.
  • We identify and address potential risks and liabilities before they arise.
  • We negotiate favorable terms and conditions to protect your interests. 

Dispute Resolution:

•    We represent clients in all types of construction disputes, including: 

        • Contract breaches
        • Payment disputes
        • Delay claims
        • Defective work claims
        • Lien claims
        • Arbitration and mediation
        • We aggressively advocate for your rights and pursue the best possible outcome.

Lien Rights & Payment Issues

  • We advise on and enforce lien rights to ensure proper payment.
  • Progress payments
  • Change orders
  • Subcontractor and materials payment disputes

Common Construction Law Questions We Answer:

  • What are my rights and remedies if a subcontractor defaults?
  • How do I enforce my rights?
  • What are the implications of a construction delay?
  • What are the most common construction contract clauses?
  • How should I handle a change order dispute?
  • How do I protect myself from liability on a construction project?

CONSTRUCTION CONTRACTS ISSUES THAT WE CAN HELP WITH: 

  • I. Introduction
  • II. Typical Contractual Provisions
  • III. Payment Process
  • IV. Timing of Payments to the Contractor
  • V. Certification of Contractor’s Payment Applications
  • VI. Disbursement of Progress Payments
  • VII. Retainage
  • VIII. Withholding of Payments
  • IX. Final Payment
  • X. What Other Contractual Elements of Final Payment Should Be Addressed In Florida
  • XI. Issuance of Changes
  • XII. Dispute Resolution
  • XIII. Indemnification
  • XIV. Waiver of Consequential Damages
  • Differing Site Conditions & Hazardous Materials
  • Termination Provisions
  • XVII. Insurance Requirements
  • XVIII. Waivers of Subrogation
  • XIX. Scheduling Provisions
  • XX. Warranty Provisions
  • XXI. Assignment of Contracts
  • XXII Architect’s Administration of the Contract
  • XXIII Issues Which Are Specific to Fixed Price Contracts
  • XXIV Reimbursable v. Non-Reimbursable Costs
  • XXV Accounting/Audit Procedures

LICENSING ISSUES

  • I. Federal Contracts Prompt Payment Act ─ 31 U.S.C. §39014
  • II. State Contracts Prompt Payment Act (Fla. Stats. 255.075-.078)
  • III. Florida Local Government Prompt Payment Act (Fla. Stats. 218.71-.79)

PROMPT PAY

  • I. Fla. Stat. § 255.071 ─ Payment of Subcontractors
  • II. Fla. Stat. § 255.072-073 ─ Timely Payment for Purchases of Construction
  • Fla. Stat. § 287.0585 ─ Late Payment by Contractors of Personal
  • Fla. Stat. § 218.735 ─ Timely Payment for Purchases of Constructions
  • Fla. Stat. § 713.346 ─ Payment on Private Construction Contracts

CONSTRUCTION LENDING

  • I. Introduction
  • II. Lender Liability for Breach of the Construction Loan and Lender’s Duties
  • III. Equitable Lien, Unjust Enrichment, and Quantum Meruit Claims
  • IV. Lender’s Decision to Cease Disbursement of Construction Loan Funds
  • V. Determining Priority Between Mechanic’s
  • VI. Enforcement of Subordination Clauses and Equitable Subrogation

Pretty amazing scope of issues, right? A good construction contract drafted by VolkLaw can help you through this jungle of possible problems. Our litigation services can help you if something goes wrong. Many times though, a lawsuit can be avoided. We can help builder and owner get past conflict if everyone works in good faith and follows the contract and the law.

VolkLaw: Your Trusted Construction Law Partner

We believe in building strong client relationships based on trust, communication, and personalized service. We are dedicated to achieving the best possible outcomes for our clients, while minimizing risks and maximizing profitability.

Contact VolkLaw today to schedule a consultation and discuss your construction law needs.

The matters discussed here are general in nature and are not to be relied upon as legal advice. Every specific legal matter requires specific legal attention. The law is constantly changing and matters discussed today may not be the same tomorrow. Legal matters are also subject to different interpretations by attorneys, judges, jurors and scholars. No attorney-client relationship is intended or created as a result of matters discussed here. You should consult counsel of your choice if you have any dealings in these areas of the law. Volk Law Offices, P.A. and its attorneys make no representations or warranties with respect to the accuracy or completeness of the matters addressed.

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