Florida Construction Litigation Lawyers

Aggressive Representation for Construction Disputes Throughout Miami-Dade, Broward & Palm Beach Counties

Construction disputes can derail projects, drain finances, and consume years of your life. Whether you are a property owner dealing with a contractor who abandoned your project, a general contractor facing non-payment from an owner, a subcontractor whose invoices have been ignored, or a developer navigating complex defect claims, you need a construction litigation attorney who understands both the legal complexities and the business realities of Florida’s construction industry.

At Revah Law, our construction litigation lawyers bring a trial-focused approach to every construction dispute. We do not just file paperwork and hope for the best. We build cases designed to win at trial while pursuing every opportunity for efficient resolution. From lien foreclosure actions and construction defect claims to breach of contract suits and payment bond disputes, our firm has the knowledge, experience, and courtroom ability to protect your interests throughout South Florida.

Florida’s construction industry is one of the largest in the nation, driving billions of dollars in economic activity across residential, commercial, and infrastructure projects. This vibrant market also generates thousands of legal disputes each year involving contractors, subcontractors, property owners, developers, material suppliers, and design professionals. When these disputes arise, the stakes are high, and the legal framework governing construction in Florida is among the most complex in the country. Understanding your rights under Florida Statutes Chapter 713 (Construction Lien Law) and Chapter 558 (Construction Defect Statute) is essential to protecting your investment and pursuing the remedies you deserve.

Schedule a free consultation with a Miami construction litigation attorney. Call (888) 218-4125 or contact us online today.

Construction Litigation Services We Provide

Our construction litigation practice handles the full spectrum of construction-related legal disputes under Florida law. We represent clients in both plaintiff and defense matters, developing case strategies tailored to each client’s specific circumstances and objectives. Our attorneys have handled thousands of construction-related matters, giving us deep insight into the strategies that work and the pitfalls that can derail a case.

Construction Lien Claims & Foreclosure

Florida’s Construction Lien Law (Florida Statutes Chapter 713) provides contractors, subcontractors, and suppliers with powerful tools to secure payment, but only if strict procedural requirements are followed. A properly perfected lien creates a security interest in the real property itself, which can be foreclosed to recover amounts owed even when the property owner claims to have paid the general contractor in full.

Our construction lien services include drafting and serving Notices to Owner (NTO) within the statutory 45-day deadline, preparing and recording Claims of Lien with the appropriate county recorder, negotiating lien releases and payment arrangements, prosecuting lien foreclosure actions in circuit court, defending property owners against improper or fraudulent lien claims, contesting lien validity based on procedural defects, and advising on lien transfer bonds and other release mechanisms. Timing is critical in lien matters. Missing a single deadline—even by one day—can permanently forfeit your lien rights and leave you with no security for amounts owed.

Construction Defect Litigation

Construction defects—whether in design, materials, or workmanship—can compromise building safety, diminish property values, and require costly repairs. Florida Statutes Chapter 558 establishes specific pre-suit procedures that must be followed before filing a construction defect lawsuit. This mandatory process creates both opportunities and pitfalls that require experienced legal guidance to navigate successfully.

Our construction defect attorneys guide clients through the mandatory Chapter 558 notice and opportunity-to-cure process, coordinate with construction experts, forensic engineers, and building envelope specialists, analyze whether defects are patent (obvious) or latent (hidden) for statute of limitations purposes, pursue claims for repair costs, diminution in property value, loss of use, and consequential damages, and defend contractors and builders against defect claims. We work closely with technical experts who can identify the root cause of defects, whether they stem from design errors, material failures, workmanship deficiencies, or soil and drainage problems.

Contract Disputes & Breach of Contract Claims

Construction contracts establish the rights and responsibilities of all parties involved. When those obligations are breached—through abandonment, defective work, delays, change order disputes, or non-payment—litigation may be necessary to enforce contractual rights or defend against unfounded claims. Florida courts generally enforce construction contracts according to their plain terms, making the language of the agreement critical to the outcome of any dispute.

We handle project delays and schedule acceleration claims, scope of work and specification disputes, change order disputes and constructive change claims, pay-when-paid and pay-if-paid clause enforcement and challenges, express and implied warranty claims, abandonment and non-completion claims, project close-out disputes, and retainage release disputes. Our attorneys analyze contract language carefully to identify the strongest arguments for our clients while anticipating the defenses or counterclaims the opposing party may raise.

Payment Bond Claims

On public projects and bonded private projects, payment bonds provide an alternative avenue for recovering compensation when direct payment fails. Payment bonds are surety instruments that guarantee subcontractors and suppliers will be paid for their work, even if the general contractor defaults. Under Florida’s Little Miller Act and federal Miller Act requirements, most public construction projects require payment bonds.

We assist subcontractors and suppliers in pursuing payment bond claims by ensuring compliance with notice requirements and timing deadlines, preparing and serving bond claims on the surety, negotiating with sureties for payment without litigation, and prosecuting bond claims through arbitration or litigation when necessary. Payment bond claims have strict notice deadlines that vary depending on whether the project is public or private and the claimant’s tier in the contracting chain. Missing these deadlines can forfeit your bond rights entirely.

Construction Delay Claims & Critical Path Analysis

Construction delay claims have surged in 2025-2026 due to material supply chain volatility, labor shortages, and Florida’s prompt permit processing laws. Successfully prosecuting or defending delay claims requires sophisticated analysis of project schedules and documentation.

To recover delay damages, you must prove that delays affected the project’s "critical path"—the sequence of activities that determines the project’s minimum completion time. Delay to non-critical activities, even significant delay, does not entitle a party to delay damages. As one federal court explained, “delay alone is not enough; there must be delay of an activity on the critical path for there to be project, or compensable, delay.”

Types of Delay Claims:

• Excusable Delay: Delays beyond either party’s control (weather, unforeseen conditions) that typically entitle the contractor to time extensions but not additional compensation.
• Compensable Delay: Delays caused by the owner (design changes, interference, payment delays) that entitle the contractor to both time and money.
• Inexcusable Delay: Delays caused by the contractor’s own actions or inactions that may result in liquidated or actual damages owed to the owner.

Alternative Dispute Resolution

Many construction contracts require mediation or arbitration before litigation. Our attorneys represent clients in construction arbitration before AAA (American Arbitration Association), JAMS, and other arbitration forums, construction mediation proceedings, and pre-litigation settlement negotiations. We approach ADR with the same intensity as trial preparation, arriving thoroughly prepared and ready to advocate aggressively for our clients’ interests. While ADR can offer faster resolution than traditional litigation, it requires careful strategy because arbitration decisions are generally final and binding with limited appeal rights.

Florida Construction Lien Law (Chapter 713)

Florida’s Construction Lien Law is one of the most complex lien statutes in the country. Unlike mechanics’ lien laws in other states, Florida’s framework creates an intricate system of notices, deadlines, and procedures that must be followed precisely. Understanding these requirements is essential for anyone involved in Florida construction projects, whether you are seeking to enforce payment rights or protect property from improper liens.

Who Can File a Construction Lien?

Under Chapter 713, the following parties may be entitled to lien rights: contractors (general contractors with direct contracts with the owner), subcontractors (parties contracting with the general contractor), sub-subcontractors (parties contracting with subcontractors), laborers who perform work on the project, material suppliers who furnish materials incorporated into the improvement, professional design services providers including architects, engineers, landscape architects, and surveyors, and equipment lessors who provide equipment used on the project. Each party has specific notice and timing requirements that must be strictly followed. The requirements differ based on whether you have a direct contract with the property owner (privity) or are further down the contracting chain.

The Notice to Owner Requirement

One of the most critical requirements under Chapter 713 is the Notice to Owner (NTO). Subcontractors, sub-subcontractors, and material suppliers who do not have a direct contract with the property owner must serve a Notice to Owner within 45 days of first furnishing labor, services, or materials to the project. The NTO must be served on the property owner and, if different, the general contractor.

The Notice to Owner serves two purposes. First, it preserves the serving party’s lien rights, because failure to serve a timely NTO results in loss of lien rights for amounts furnished more than 45 days before service. Second, it alerts the property owner that additional parties are contributing to the project and may claim payment. This gives owners the opportunity to ensure funds flow down to those actually performing the work.

The NTO must contain specific information required by statute, including a description of the services or materials furnished, the name of the party contracting with the lienor, and a warning to the owner about potential lien rights. Using the statutory form is strongly recommended because any deficiency in the notice content can jeopardize lien rights.

Critical Lien Deadlines

Important: These deadlines are strictly enforced by Florida courts. There is no grace period, and courts have repeatedly refused to excuse even minor delays. If you have a construction payment dispute, contact a Florida construction lien attorney immediately to preserve your rights.

Lien Foreclosure Process

Once a Claim of Lien is recorded, the lienor has one year to file a lawsuit to foreclose the lien. Lien foreclosure is a judicial process similar to mortgage foreclosure. If successful, it can result in the forced sale of the property to satisfy the lien claim. The foreclosure action must name the property owner and any other parties with interests in the property, including mortgagees and other lienors. The litigation process includes discovery, potential mediation, and trial if the matter does not settle. Because lien foreclosure litigation can be complex and expensive, many cases settle before trial through negotiated payment or lien release.

Construction Defect Claims Under Chapter 558

Before filing a lawsuit for construction defects in Florida, property owners must comply with the pre-suit notice requirements of Chapter 558 of the Florida Statutes. This mandatory process, enacted by the Florida Legislature in 2003 and amended several times since, is designed to encourage settlement before litigation by giving contractors an opportunity to inspect alleged defects and offer repairs.

What Qualifies as a Construction Defect?

Under Florida law, a construction defect is defined as a deficiency in, or arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property. This includes defective materials, products, or components used in construction, violations of applicable building codes in effect at the time of construction, failure of design to meet applicable professional standards, and failure to construct in accordance with accepted trade standards for good and workmanlike construction.

Common Types of Construction Defects

Structural Defects: Foundation cracks, settlement issues, inadequate load-bearing capacity, improperly installed structural members, and other defects affecting the building’s structural integrity.

Water Intrusion: Roof leaks, window and door leaks, building envelope failures, improper flashing, inadequate waterproofing, and drainage deficiencies that allow water to enter the structure.

Mechanical System Defects: HVAC system failures, plumbing defects, electrical deficiencies, and other problems with building systems.

Building Envelope Failures: Stucco cracking, improper siding installation, window failures, and other exterior defects that compromise the building’s weather barrier.

Code Violations: Construction that fails to meet Florida Building Code requirements, including wind mitigation, fire safety, accessibility, and energy efficiency standards.

The Chapter 558 Pre-Suit Process

Notice of Claim: The property owner must serve written notice describing each alleged defect in reasonable detail at least 60 days before filing suit. For condominium or homeowners associations with 20 or more units, the notice period is 120 days. The notice must identify the location of each defect sufficiently to allow inspection.

Inspection Request: Within 30 days of receiving the notice, the contractor may request to inspect the alleged defects. The property owner must provide reasonable access during normal business hours.

Contractor Response: Within 45 days of receiving the notice (75 days for associations), the contractor must serve a written response. The response may offer to repair the defect, offer monetary compensation, dispute that a defect exists, or dispute responsibility for the defect.

Owner Response: If the contractor makes an offer, the owner has 45 days to accept or reject. Acceptance allows repairs to proceed; rejection allows the owner to file suit.

Litigation: If no resolution is reached through the Chapter 558 process, the property owner may proceed with filing a construction defect lawsuit in circuit court.

Statutes of Limitation and Repose

Florida law imposes strict time limits on construction defect claims that can bar recovery if not carefully observed.

Statute of Limitations (4 Years): The statute of limitations for construction defect claims is four years from the date the defect is discovered or should have been discovered through reasonable diligence. This is a discovery rule that can extend the time for latent defects that do not become apparent until years after construction.

Statute of Repose (7 Years): The statute of repose creates an absolute deadline of seven years from the date of completion, regardless of when defects are discovered. This period was reduced from ten years by the Florida Legislature in 2021. The statute of repose is measured from the issuance of a certificate of occupancy, certificate of completion, or abandonment of construction. Unlike the statute of limitations, the statute of repose cannot be extended and creates a hard deadline for all claims.

2025-2026 Florida Construction Law Updates

Florida’s construction law landscape has undergone significant changes in 2025-2026. Understanding these new requirements is essential for anyone involved in construction disputes.

The New 35-Day Change Order Rule (Section 218.755)

Effective July 1, 2025, Florida’s new “Prompt Processing” provision (Section 218.755 of the Florida Statutes) dramatically changes how change orders are processed on public construction projects.

For any contract for construction services entered into on or after July 1, 2025, when a contractor submits a price quote for a change order requested by the local government, and that quote conforms to all statutory and contractual requirements, the local government must approve or deny the quote in writing within 35 days after receipt.

Key Provisions:

• 35-Day Deadline: Local governments must respond to conforming change order quotes within 35 days.
• Written Denial Requirements: If denied, the notice must specify the alleged deficiencies and actions necessary to remedy them.
• Deemed Approved: If the local government fails to respond within 35 days, the change order and price quote are deemed approved, and the government must pay the contractor the stated amount upon completion.
• No Contractual Workarounds: Local governments cannot contract around or waive these requirements. Any agreement attempting to do so is unenforceable.

2025 Florida Rules of Civil Procedure Changes

Effective January 1, 2025, Florida dramatically revised its Rules of Civil Procedure, fundamentally changing how construction litigation proceeds in state courts. These changes are modeled after the Federal Rules and are designed to accelerate case resolution.

Mandatory Initial Disclosures (Rule 1.280): For the first time in Florida state court history, parties are now required to provide initial disclosures within 60 days of service of the complaint, without waiting for formal discovery requests. These disclosures must include the names and contact information of individuals likely to have discoverable information, copies of all documents the party may use to support its claims or defenses, a computation of each category of damages with supporting documentation, and copies of relevant insurance policies.

Case Management Tracks: Courts must now assign cases to one of three tracks (Complex, General Civil, or Streamlined) within 120 days of filing. Case management orders will set firm trial dates and discovery deadlines. Continuances will be significantly harder to obtain under the new rules.

Impact on Construction Cases: For construction defect plaintiffs, this means organizing extensive documentation of alleged defects, expert analyses, and damage calculations within the first 60 days. For defendants, it requires early identification of project records, communications, and insurance information. Multi-party construction cases face particular challenges given the volume of documentation typically involved.

Construction Payment Disputes

Payment disputes are among the most common construction litigation matters in Florida. Whether you are a contractor pursuing payment from an owner, a subcontractor seeking amounts owed by a general contractor, or a property owner disputing charges for incomplete or defective work, understanding your rights and remedies is essential.

Common Causes of Payment Disputes

Payment disputes arise from many sources including disputed change orders where owners refuse to pay for work they claim was not authorized, disputes over the scope of work included in the original contract price, quality disputes where owners withhold payment claiming work is defective, retainage disputes where owners refuse to release final holdback amounts, payment chain breakdowns where general contractors do not pass payment down to subcontractors, owner financial difficulties that prevent payment, and disputed back-charges deducted from amounts owed.

Pay-If-Paid vs. Pay-When-Paid Clauses

Two types of payment contingency clauses commonly appear in construction subcontracts, and understanding the difference is critical for subcontractors.

Pay-When-Paid Clauses: These clauses make the timing of subcontractor payment contingent on the general contractor receiving payment from the owner. Florida courts interpret these clauses as timing mechanisms only, meaning the subcontractor must be paid within a reasonable time even if the owner never pays the general contractor. The subcontractor’s right to payment is preserved.

Pay-If-Paid Clauses: These clauses make the general contractor’s obligation to pay subcontractors completely contingent on receiving payment from the owner. If the owner does not pay, the subcontractor has no right to payment from the general contractor. Florida courts will enforce pay-if-paid clauses, but only if the contract language clearly and unambiguously establishes owner payment as a condition precedent to the subcontractor’s right to be paid.

Florida Prompt Payment Act

Florida’s Prompt Payment Act (Florida Statutes Sections 218.70-218.80 for public projects and Section 715.12 for private projects) establishes timeframes for construction payments and imposes penalties for late payment. On public projects, payments must generally be made within 25 days of approval of the payment application, and interest accrues on late payments. Private projects have similar but less stringent requirements. Understanding prompt payment requirements can strengthen your position in payment disputes.

Representative Construction Litigation Results

Our construction litigation attorneys have achieved successful outcomes in disputes involving millions of dollars. While every case is different, these representative results demonstrate our ability to deliver for our clients.

$2.3M Condominium Water Intrusion Recovery: A 150-unit condominium association in Broward County faced severe water intrusion problems affecting multiple buildings. Our investigation revealed improper installation of the stucco system and inadequate flashing around windows. After navigating the Chapter 558 pre-suit process and retaining forensic engineering experts, we obtained a $2.3 million settlement to fund comprehensive repairs.

$890,000 Lien Foreclosure Victory: A commercial general contractor was owed over $890,000 on a mixed-use development in Miami-Dade County after the developer refused final payment, claiming defective work. We documented the contractor’s compliance with plans and specifications, perfected the construction lien, and prosecuted a lien foreclosure action. The developer’s defect claims were defeated at summary judgment, resulting in full recovery plus attorney fees.

$450,000 Subcontractor Payment Bond Recovery: A mechanical subcontractor on a public school project in Palm Beach County was not paid by the general contractor. Rather than pursue the GC directly, we identified the payment bond and pursued a claim against the surety. After demonstrating proper notice compliance and full performance, we recovered the full $450,000 owed plus interest.

Defense: Fraudulent Lien Discharged: A property owner client faced a $175,000 construction lien that threatened to cloud title on a pending sale. Our investigation revealed the lienor had failed to serve a timely Notice to Owner and had included amounts for work never performed. We brought a show cause action under Section 713.21, and the lien was discharged as invalid, allowing the sale to proceed.

Who We Represent in Construction Disputes

Our construction litigation practice represents clients on all sides of construction disputes. This broad experience gives us valuable insight into the strategies, priorities, and pressure points of every party involved.

Property Owners & Homeowners

We represent homeowners and commercial property owners pursuing claims for defective construction, contractor abandonment, project delays, and breach of contract. We also defend property owners against improper or exaggerated lien claims. For property owners, construction disputes often represent a threat to their most significant investment. We approach these cases with the understanding that our clients need both strong legal advocacy and practical guidance.

General Contractors

General contractors face pressure from both owners above and subcontractors below. When disputes arise, GCs can find themselves squeezed between an owner refusing to pay and subcontractors demanding payment. We help general contractors pursue payment from non-paying owners, defend against construction defect and delay claims, resolve subcontractor disputes and back-charge issues, and enforce or defend against lien and bond claims.

Subcontractors & Material Suppliers

Subcontractors and suppliers are often the last to be paid and the first to suffer when projects go wrong. Cash flow is critical to these businesses, and payment delays can threaten their survival. We protect subcontractor and supplier lien rights through proper notice compliance, pursue payment bond claims on bonded projects, litigate payment disputes in court and arbitration, and defend against improper back-charges and defect claims.

Developers & Investors

Real estate developers face unique construction litigation challenges. Large development projects involve multiple contractors, complex contracts, and significant financial exposure. We provide strategic counsel to protect development investments by defending against multi-party defect claims, resolving disputes with general contractors and design professionals, and managing litigation risk throughout the development process.

Condominium & Homeowners Associations

Condo and homeowners associations frequently inherit construction defects from developers. Common area defects, building envelope failures, and structural issues can affect all unit owners and require significant assessments to repair. We represent associations in pursuing developer turnover claims, common area defect claims, warranty enforcement actions, and negotiating with developers during the turnover process.

The Construction Litigation Process in Florida

Understanding what to expect during construction litigation helps clients make informed decisions. While every case is different, most construction disputes follow a similar procedural path.

Pre-Suit Investigation and Notices

Before filing suit, we conduct a thorough investigation of the facts, review relevant contracts and documents, and ensure compliance with any pre-suit notice requirements. For construction defect claims, this means navigating the Chapter 558 process. For lien claims, it means verifying that all required notices were properly served.

Filing the Lawsuit

If pre-suit efforts do not resolve the dispute, we file a complaint in the appropriate Florida court. Construction cases are typically filed in circuit court and may involve multiple parties and claims.

Discovery

Discovery is the process of gathering evidence. In construction cases, discovery typically includes document requests for contracts, plans, specifications, payment records, and communications; depositions of key witnesses including project managers and experts; interrogatories; requests for admissions; and site inspections. Under the new 2025 Rules, initial disclosures must be provided within 60 days.

Expert Witnesses

Construction cases frequently require expert testimony to establish defects, causation, damages, or industry standards. Common experts include forensic engineers, construction consultants, building envelope specialists, cost estimators, and scheduling experts.

Mediation

Florida courts require mediation in most civil cases. Mediation is a settlement conference facilitated by a neutral mediator. Many construction cases settle at mediation. We prepare thoroughly, treating it as an opportunity to present our strongest case and negotiate from a position of strength.

Trial

If the case does not settle, it proceeds to trial. Construction trials can be complex, involving technical testimony, extensive exhibits, and multiple parties. Our trial-focused approach means we prepare every case as if it will go to trial.

Why Choose Revah Law for Construction Litigation

Trial-Ready Representation: We prepare every case as if it will go to trial. This approach maximizes leverage in settlement negotiations and ensures we are fully prepared if litigation becomes necessary. Opposing parties know when they are facing a lawyer who is ready and willing to try a case.

Deep Construction Law Knowledge: Our attorneys understand the technical and procedural complexities of Florida construction law, including the strict requirements of Chapters 713 and 558. We stay current on legislative changes, appellate decisions, and evolving practices.

Proven Track Record: Founding attorney Phil Revah has achieved sustained success in construction disputes, including lien foreclosures, defect claims, and contract litigation. Our firm has handled thousands of construction-related matters throughout South Florida.

Aggressive Yet Practical: We fight hard for our clients while remaining focused on practical business outcomes. Construction disputes are ultimately about money, and we keep that in focus.

Client-Centered Approach: We understand that construction disputes create stress and uncertainty. We keep our clients informed, explain their options clearly, and make ourselves available to answer questions.

Recognized Excellence: Phil Revah has earned the AV-Preeminent rating from Martindale-Hubbell, a 10.0 Superb rating on Avvo, and recognition from Super Lawyers.

Serving Miami-Dade, Broward & Palm Beach Counties

Our construction litigation attorneys represent clients throughout South Florida from our offices in Miami, Hollywood, and Boca Raton. We handle construction disputes in Miami, Fort Lauderdale, West Palm Beach, Boca Raton, Hollywood, Coral Gables, Miami Beach, Doral, Homestead, Pembroke Pines, Plantation, Sunrise, Pompano Beach, Delray Beach, Boynton Beach, Wellington, Jupiter, Palm Beach Gardens, Aventura, Weston, Davie, Miramar, Hialeah, and surrounding communities.

For detailed information about construction litigation in your area, see our county-specific pages:

• Miami-Dade County Construction Litigation
• Broward County Construction Litigation
• Palm Beach County Construction Litigation

Frequently Asked Questions About Florida Construction Law

How long do I have to file a mechanic’s lien in Florida?

In Florida, you must record your Claim of Lien within 90 days of your last date of furnishing labor, services, or materials to the project. However, subcontractors and suppliers must also serve a Notice to Owner within 45 days of first furnishing. Once the lien is recorded, you have one year to file a lawsuit to enforce (foreclose) the lien. Missing any of these deadlines can permanently forfeit your lien rights. The deadlines are strictly enforced by Florida courts with no exceptions.

What is a Notice to Owner and do I need one?

A Notice to Owner (NTO) is a document required under Florida Statutes Section 713.06 that notifies property owners that a subcontractor, sub-subcontractor, or supplier is providing labor or materials to their project. The NTO must be served within 45 days of first furnishing. While contractors working directly with the owner do not need an NTO, failure by other parties to serve a timely NTO can result in loss of lien rights for amounts furnished more than 45 days before service.

What is the statute of limitations for construction defects in Florida?

Florida imposes a 4-year statute of limitations for construction defect claims, beginning when the defect is discovered or should have been discovered. However, Florida also has a 7-year statute of repose (reduced from 10 years in 2021), which creates an absolute deadline measured from project completion regardless of when defects are discovered. For latent defects that take years to manifest, these time limits can be particularly challenging.

Do I need to send a notice before suing for construction defects?

Yes. Florida Statutes Chapter 558 requires property owners to serve a written notice of claim at least 60 days before filing suit (120 days for associations with 20 or more units). This notice must describe each defect in reasonable detail and identify its location. The notice gives the contractor an opportunity to inspect and offer to repair or pay for the defect. Failure to comply can result in dismissal of your lawsuit.

Can a subcontractor sue a homeowner directly for non-payment?

Generally, subcontractors do not have a direct contract with the property owner and cannot sue the owner for breach of contract. However, subcontractors can file a construction lien against the property (if proper notices were served) and foreclose on that lien to recover payment, even if the owner already paid the general contractor in full. This is why property owners should obtain lien releases from all subcontractors before making final payment.

What is a pay-if-paid clause and is it enforceable in Florida?

A pay-if-paid clause makes a general contractor’s obligation to pay subcontractors completely contingent on the GC first receiving payment from the owner. Florida courts will enforce pay-if-paid clauses, but only if the language clearly and unambiguously states that payment from the owner is a condition precedent. Vague or ambiguous language will be interpreted as a pay-when-paid clause that only affects timing, not the right to payment.

What is the new 35-day change order rule in Florida?

Effective July 1, 2025, Florida Statutes Section 218.755 requires local governments to approve or deny contractor change order price quotes within 35 days. If they fail to respond, the change order is deemed approved and the government must pay the quoted amount upon completion. This applies only to public construction projects and only to change orders requested by the government.

How do I respond to a Florida Chapter 558 notice?

Contractors receiving a Chapter 558 notice must respond within 45 days (75 days for associations). You may request to inspect the alleged defects within 30 days. Your response must offer to repair, offer monetary compensation, or dispute the claim. Immediately notify your insurance carrier and consult a construction litigation attorney before responding.

How do I remove a fraudulent construction lien from my property?

You can bring a show cause action under Florida Statutes Section 713.21, forcing the lienor to file a foreclosure lawsuit within 20 days or have the lien discharged. You may also pursue damages against anyone who willfully exaggerates a lien claim. Additionally, you can post a lien transfer bond under Section 713.24 to remove the lien while the dispute is resolved.

What should I do if a contractor abandons my project?

Document the current state with photographs and video. Send written notice demanding the contractor return to work. Do not pay additional amounts to the abandoning contractor. Consult with a construction attorney about options including terminating the contract, filing a DBPR complaint, hiring a replacement contractor, and claiming from the Florida Construction Industry Recovery Fund.

Contact Our Construction Litigation Attorneys Today

Construction disputes are high-stakes matters that require knowledgeable, aggressive legal representation. Whether you are facing a lien claim, pursuing a defect case, navigating a contract dispute, or dealing with a payment issue, the construction litigation attorneys at Revah Law are prepared to fight for your interests.

We understand that construction disputes create stress, uncertainty, and financial pressure. Our goal is to resolve your matter as efficiently as possible while protecting your rights and achieving the best possible outcome.

Schedule your free consultation today. We will evaluate your case, explain your legal options, and develop a strategy tailored to your objectives. Call (888) 218-4125 or contact us online to get started.