Conflicts can arise between building contractors and their clients in Leesburg. For example, they might disagree on how one party followed the contract. Or perhaps an injured construction worker is filing for workers’ compensation but is ignored by their employer.
Such disputes can escalate to the point where the civil court may have to settle the problem. When this happens, a Leesburg construction litigation lawyer can work with you on forming your case and help you further understand the laws that could apply to your situation.
Common Legal Issues in Construction Litigation
Construction issues can take on several forms, which means different laws can apply to your lawsuit. Therefore, it is the Leesburg construction litigation lawyer’s responsibility to stay updated on the local statutes so that they can determine which rules apply in your case.
Here are some of the construction disputes that the litigation lawyer can work on.
This dispute can happen when a property owner, contractor, or subcontractor fails to meet a contract’s terms. For example, the property owner might not have yet paid the full amount specified in their written payment agreement. The contractor may consider this a breach of contract and claim the damages they are owed because of the late payment.
Site Injury Claims
Construction personnel may get injured in an accident on the job site. While they could file for workers’ compensation benefits, the contractor might fail to provide them. In such a situation, the worker could proceed with a case to recover damages for their injury-related expenses, such as medical bills.
Of course, a contractor may also defend themselves against the worker’s complaint. For example, the worker may have refused to follow safety protocols, thus resulting in their injury.
You could also raise a dispute about defects in the building project’s planning, design, or general construction. For example, the defect could become severe enough to pose a structural concern to a building within a few years. Another concern would be if the defect significantly diminished the property’s value.
Property Line Disputes
Boundary line conflicts with neighbors during construction projects may also need the court’s interference to reach a ruling. For example, the court may have to review the land survey and title to determine where your property lines are. An official property line helps contractors avoid encroaching on other property owners’ land and potentially facing an even larger legal problem later.
All Leesburg construction projects must procure roofing, electrical, and demolition permits. However, you may have to take matters to court to establish your permits’ validity if you are ever accused of being unauthorized to start construction or renovation projects.
Being an unlicensed building contractor is a crime that also has civil consequences. For instance, it would be harder for them to procure building permits, as unlicensed contractors are not allowed by law to have building permits issued for their projects.
But more importantly, clients who worked with the unlicensed party may be able to recover damages if they can prove the unlicensed contractor’s work was substandard and caused financial losses.
To consult with an experienced construction litigation lawyer serving Leesburg, call 855-686-6752
Filing Deadlines in Construction Litigation
The statute of limitations for your construction-related case depends on what needs to be settled. Florida Statutes § 95.11(3)(c) states that you have up to four years to file if your dispute involves construction defects. You will also have the same time limit if you file for site injury damages. Meanwhile, the dispute would only have a one-year deadline if it involves a contract or payment issue.
However, you could have tolling exceptions that move your deadline. For instance, if you are suing a general contractor who is not in Florida, the statute clock will pause until they come back to the state. Our Leesburg construction litigation lawyer can check your case for these exceptions. In addition, it will help determine the amount of time you can work on the suit.
Leesburg Construction Litigation Lawyer Near Me 855-686-6752
Other Ways Our Construction Litigation Lawyer Can Assist You
There are several phases in the construction litigation process, as there are in other civil cases. The Leesburg construction litigation lawyer can help with the tasks involved in these steps, such as:
After you’ve submitted a complaint in court during the pleading phase, our lawyer can help you start with the discovery phase. They can investigate the dispute’s cause and gather evidence and other relevant information from the opposing side. The attorney can also help gather statements from witnesses.
Help You Negotiate with the Other Party
Both parties in the construction litigation matter can try to settle the dispute before it goes to trial. Such a process is called arbitration. By reaching an agreement with an arbitrator’s help, you could save yourselves time and money on potentially attending several court proceedings.
If you wish to settle the Leesburg matter privately, our construction litigation lawyer can negotiate with the other party to help reach a favorable agreement.
Represent You in Court
If the arbitration does not work and your case goes to trial, the construction litigation lawyer can still serve as your legal representative during the proceedings. They can also guide you on what questions to expect and what to say or do if you must testify in court.
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You Can Find Construction Litigation Guidance Here
If you have a Leesburg construction issue that needs resolving, you can always consult with the office of Bogin, Munns & Munns first. We have gained more than 40 years of legal experience in construction litigation and other civil and criminal matters in Leesburg and throughout various areas of Florida. Our team is ready to cater to your legal concerns regarding your construction dispute.
If you want to request a consultation with our Leesburg construction litigation lawyer, send your case details online. The support team will always be here for you 24/7, so you can also call our office for other inquiries.