Introduction to Construction Litigation
At Garrity Traina, our skilled team of construction litigation attorneys represents a diverse range of clients, including owners, contractors, subcontractors, suppliers, and design professionals. With expertise in resolving disputes arising from both public and private projects throughout Florida, we have successfully handled various types of construction lawsuits.
Types of Construction Lawsuits
Construction Defect Lawsuits
Construction defect lawsuits are a prevalent form of construction litigation in Florida. These cases typically involve allegations of breaches of implied warranties, such as merchantability and fitness for a specific purpose. While an express warranty is a contractual guarantee, an implied warranty is an unspoken promise by a manufacturer to stand behind their product.
Our knowledgeable construction attorneys can assess your situation and determine whether you have a viable lawsuit for breach of implied warranties of fitness and merchantability. These claims are sometimes overlooked because they extend beyond the construction contract, but our experienced lawyers can help you pursue compensation under applicable state laws.
Construction Delay Lawsuits
Delays in construction projects can have detrimental effects on profitability. Although some construction contracts may include “no damages for delay” clauses, these provisions are typically unenforceable when delays result from fraud, bad faith, or active interference. In some cases, the applicability of a “no damages for delay” clause may also be limited due to the willful concealment of foreseeable circumstances affecting timely performance.
If another party’s negligence or intentional actions have caused unreasonable construction delays, you may be entitled to legal relief. Our construction lawyers can review the facts of your case and evaluate your options for pursuing a construction delay lawsuit.
Design Professional, Architect, and Engineer Malpractice
Under Florida law, architects, engineers, and design professionals have a duty to exercise due care when performing work for clients. If you have suffered damages due to the negligence of a design professional, our construction malpractice attorneys can assist you in filing a lawsuit.
Our construction attorneys handle a wide range of architect and engineering malpractice cases, including those involving defective design, failure to comply with building codes, underestimating costs, overbilling, failure to address issues promptly, and misrepresentation or omission of important facts.
Architect and engineering malpractice claims often require expert testimony to establish the applicable standard of care and demonstrate how it was breached. Our skilled construction attorneys work with leading architectural and engineering experts to provide strong evidence and convince juries that the conduct of the design professional in question did not meet the required standard.
Other Types of Construction Lawsuits
In addition to the aforementioned cases, our construction lawyers have extensive experience handling various other types of construction lawsuits. These include:
- Water damage, mold, and mildew caused by defective windows or construction products
- Structural deficiencies, such as cracked or unstable foundations
- Construction lien foreclosure actions and exaggeration claims
- Insurance coverage disputes, including denied or disclaimed coverage due to late notice
- Code violations and environmental issues
- Payment and performance bond claims
- Electrical and plumbing problems
- Extra work claims and breach of construction contracts
- Differing site condition claims
Board Certified in Construction Law
At Garrity Traina, we take pride in having a specialist in construction law who is Board Certified by the Florida Bar. This prestigious certification recognizes our attorney as an expert in construction law, demonstrating their exceptional knowledge, skills, proficiency, professionalism, and ethics.
As part of the Business Trial Group, our construction attorneys are committed to maximizing the potential recovery in your case. With our experience, resources, and dedication, we strive to achieve the best possible outcomes for our clients.
To discuss your construction dispute with our attorneys, complete our contact form or call us at 877-602-0907 today. Visit Garrity Traina for more information on our services.
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