Construction Law

Not every construction dispute can be resolved amicably. Issues involving alleged construction defects, scheduling, the interpretation of contracts, specifications or drawings, or involving payment sometimes require legal intervention. When that is necessary, how effectively your interests are protected is directly affected by the quality of legal service you secure. Where disputes are inevitable, Jimerson & Cobb provides representation in arbitration, mediation, and litigation in court.

Whether you are an owner, a licensed Florida contractor or subcontractor, construction supplier, builder, or a design professional, avoiding and successfully litigating construction-related legal issues are crucial to your company’s survival. Jimerson & Cobb diligently works with its construction industry clients to ensure they stay abreast of salient construction law issues and are taking the proper steps to protect their rights in advance of and during a construction-related dispute. Through our proactive litigation approach, the most important service we can provide is to ensure that our construction clients are devoting their energy and attention to running a profitable business, rather than wasting verve and resources anguishing over the intricacies of the oft-entangled Florida construction laws ex-post facto.

While we strive to resolve disputes through negotiation and preventive action, we specialize in vigorously representing our clients in litigation through aggressive prosecution of their construction lien claims. Our lawyers emphasize business realism and focus on reaching practical solutions in a timely manner with strict adherence to Florida’s myriad of notification and filing deadlines.

The following is an overview of who Jimerson & Cobb’s construction law team represents and the services we are able to provide:

General Contractors, Subcontractors & Suppliers

  • Construction litigation (lien foreclosure and priority, prompt payment law, change order disputes, retainage disputes, surety claims, delay claims, defect claims)
  • Administrative representation in licensure and permitting matters
  • Construction contract drafting and review
  • Interruptions and cessation of work
  • Pay-when-paid clause litigation
  • Change order negotiation, including scope disputes
  • Property damage claims
  • Warranty and punch list administration representation
  • Collections and issues pertaining to payment outside of lien/bond law
  • Creditors rights in bankruptcy
  • Defective construction and design claims
  • Time related damage claims including delay, acceleration, and lost productivity
  • Contractually stipulated damages disputes
  • Differing site condition issues
  • Environmental disputes
  • Construction lien noticing, recording and lien waivers/releases
  • Private construction project bond claims
  • Public construction project bond claims
  • Minority business certification and denial appeal
  • Advance payment procedures
  • Construction insurance coverage disputes

Developers/Owners (both public and private)

  • Defective construction and design claims (design errors and omissions)
  • LEED building design and build
  • Change order negotiation, including scope disputes
  • Buyer rescission claims
  • All construction litigation defense (lien foreclosure and priority, prompt payment law, change order disputes, retainage disputes, surety claims, delay claims, defect claims)
  • Construction contract drafting and review
  • Property damage claims
  • Warranty and punch list administration representation
  • Defective construction and design claims (individual and class action basis)
  • Time-related damage claims including delay, acceleration, and lost productivity
  • Contractually stipulated damages disputes
  • Differing site condition issues
  • Environmental disputes
  • Construction bonding
  • Construction insurance coverage disputes

Homebuilders

  • Defective construction and design claim defense
  • Issues pertaining to payment or construction litigation
  • Administrative or regulatory representation in licensure and permitting matters
  • Construction contract drafting and review
  • LEED building design and build
  • Purchase and sale transactions or litigation
  • Construction contract drafting and review
  • Construction bonding
  • Construction insurance coverage disputes

Condominium Associations

  • Defective construction and design claims
  • Disputes with developers and owners
  • Warranty claims
  • Assessment collection and delinquent unit foreclosure
  • Fiduciary duty disputes and other violations of Florida Condominium Act
  • Breach of Declaration of Condominium claim defense

Sureties

  • Payment and performance bond claims
  • Assist sureties, contractors and obligees in the full range of performance bond issues arising, both prior to and following default and termination, and throughout the completion process
  • Indemnity and recovery litigation
  • Work in conjunction with experienced design and construction consultants to evaluate work in place and to be performed, negotiating completion agreements, preparing re-let packages, monitoring completion work, applications for payment, and defense of claims
  • Subrogation, delay and warranty claims

Jimerson & Cobb has the experience and knowledge necessary to help clients identify and avoid potential problems so that their construction projects proceed smoothly. Please feel free to browse our Construction Law FAQs for basics on Construction Law. For more information about our practice, or to discuss your legal concerns with a lawyer who understands construction law, contact our offices today.

< Back To Top