Choosing the Best Contractor Dispute Lawyer Near Me

What is a Contractor Dispute?

There are many types of contractor disputes. To name a few: In most instances, these types of claims are based on negligence or negligence per se; violation of the terms of a contract; breach of a statutory duty; violation of the Florida Building Code; and/or violation of local zoning ordinances.
Contractor Liability Claims A property owner has a cause of action against the contractor for both breach of contract as well as tort damages. The Florida Supreme Court has held that a contractor has a non-delegable duty to perform construction in accordance with the building code. Grand Coastal I v. U.S. Steel Corp., 523 So.2d 1133 (Fla. 1988).
Homeowners’ Association Claims When members of an Association decide to construct or remodel a building, the built structure will often conflict with the governing documents of the Association. Although the Association’s rules may specifically prohibit what the owners have done or want to do , the owners nonetheless might proceed with their plans. In that situation, it is vital that Association immediately seek legal counsel.
Liability of Contractors A contractor may be liable for: A contractor’s liability to the homeowner may be limited or in some instances, barred by: A homeowner might have a cause of action against a subcontractor for cost over-run, poor workmanship, and/or structural defects.
Claims for Breach of Contract Most contracts for construction work contain the following language: "time is of the essence". Violations of that provision can result in additional costs to the homeowner that may not be reimbursable. A claim for breach of contract can also involve an undertaking not in the contract if the contractor knew the homeowner was relying on such undertaking by the contractor, and if that promise was intended to induce the homeowner to hire the contractor.

Why Hire a Contractor Dispute Lawyer?

When calamities strike, and they often do, often your first concern is to contact your insurance agent. A contractor or repair professional helps you to rebuild, repair or replace. Like other vendors, they have contracts and warranties, and it is rare that those contracts take your interests into account. Rarely do they conform with their business practices. This is the point where you discover a dispute or conflict. You turn to your favorite search engine and search for the phrase "contractor dispute attorney near me." When you are given a list of results and begin to consider your options, why is it that you need a contractor dispute attorney?
Your attorney has training, experience, and expertise to protect your rights and interests.
The language in your contract with a contractor or repair professional is meaningless if the law allows that party to disregard it or misrepresent it or otherwise take advantage of you. The law may be on your side, but if you do not understand it, how can you use it? An attorney who understands the law is the first line of defense in protecting your rights under the contract and regulations. Your attorney understands how courts interpret valid contracts and will seek to ensure that your rights are protected.
A contractor dispute attorney also reviews and prepares contracts. If contract forms benefit one party, then that form should not be used by both parties. Your attorney should be able to provide you with a different contract form that works for you. Claim forms, applications, and other documents that require substantial legal knowledge should be reviewed by an attorney familiar with the process.
Attorneys know how to get results.
Whether you are building a luxury home overlooking the Pacific Ocean or a simple starter home on a lot, your contractor dispute attorney knows how to obtain the best results. Even when insurance covers losses, it is not uncommon to spend months negotiating the value of a claim and developing the best strategy for restoration. Without an attorney, your interests may not be accounted for, and you may not receive a fair settlement.
Attorneys know how to make the other side pay attention.
Everybody knows lawyers love to fight. It is as American as apple pie. As a client, it may be the case that you do not want a fight. However, sometimes the other side simply does not listen to you. It looks like they are trying to push you around. Having an attorney firm in your corner sends a strong message that you intend to claim your rights whether your opponent likes it or not. Sometimes, all it takes is a letter. Sometimes, all it takes is knowing that you have an equally aggressive attorney on your side to level the field.
Contracts, regulations, and laws are complex and difficult to understand without training and experience. Don’t risk loss—consult with a competent and qualified contractor dispute attorney.

Selecting Your Lawyer

When it comes to choosing a contractor dispute attorney, several factors should guide your decision. For starters, your lawyer should have significant experience handling disputes in the construction industry, including the resolution of mechanics’ liens, surety claims, stop notices, and other issues that are specific to the field. Your lawyer should also have familiarity with the various contracts utilized in the industry, from AIA forms to bespoke contracts.
In addition, your construction dispute lawyer should have in-depth knowledge of the laws governing this area — from liens to contracts to bonding — and should be able to promptly navigate these laws as they relate to your case.
Finally, you will want an attorney who is well regarded throughout the industry, including among courts, administrative agencies, and construction industry professionals such as architects, engineers, contractors, subcontractors, and suppliers. A respected attorney who is well connected will be able to get you results on your case like no one else.

Locating a Local Lawyer

If you have a contractor dispute, you may wonder where to find the best contractor dispute attorney. In fact, you may know exactly what you are looking for. You want an attorney who can take your case and win. There are a lot of criteria that go into finding the "best" attorney. First of all, there may be a specialized attorney that is better suited to help you with your case.
It’s a good idea to contact local attorneys in your area when you have a dispute with a contractor. Local attorneys are able to help you with your situation much better than someone outside of your area because they are familiar with the local laws . Local attorneys are also familiar with the construction industry. Although most business lawyers will be able to help you in your case, a specialist will usually provide you with a better result. It’s worth checking with local attorneys in your area to see if specialist contractor dispute attorneys are available to help you. You may be willing to meet with several different attorneys until you find the right one. A local attorney will probably have more time to meet with you than an attorney located across town. You can probably meet with the attorney in their office at a time that is convenient for you.

What To Do Before Your First Meeting

Preparing for your initial consultation with an attorney requires that you provide the attorney with a reasonable overview of the matter. This overview typically consists of a description of the project, what documents exist and their status, the amount you are owed, and any other facts you believe are relevant. Along with the overview, you will want to provide the attorney with a copy of the contract, the invoices or statement of account from the contractor, check copies for the payments made, and any demand letters or other correspondence between you and the contractor. Do not expect the attorney to counsel you on how to proceed from there; an initial consultation is just that, an initial meeting to determine whether you would like to formally hire the attorney. Also, an initial consultation is attorney-client privilege protected without payment of a retainer. If you will be discussing any confidential matters during your initial consultation, you should bring them with you, as an attorney-client privilege can only be established on information for which you intend to seek legal advice.

Winning Your Case and Resolving It

There are several different case strategies in resolving contractor disputes, including negotiation, mediation, and litigation. The case strategy that your attorney uses will depend on your specific situation. For example, some contracts have clauses which may preclude certain strategies. Furthermore, the strategy utilized by your contractor dispute lawyer will depend on what your adversary’s likely strategy will be.
Some people try to settle a case at the beginning, while others wait until it’s almost at the end. However, it is our strong belief at McGillivary & Silver, LLC, in many cases, it is best for the parties to explore settlement early in the case. By doing this, a settlement is likely to be much less expensive than if the case proceeded on and on and on. Furthermore, the likelihood of reaching a successful outcome after proceeding with a case for a long time is quite low, and thus, there is no reason to drag it out.
In today’s society, people are unwilling to pay large amounts of money to have their day in court . As a result, from the very outset, all parties should be open to negotiating. If parties are unwilling to come to the table until the end of a case, they may never reach a settlement.
Negotiation is a formal discussion geared to bring about settlement. The goal is to reach an agreement that both sides can live with. It is often best for attorneys to handle negotiations, because they know what negotiation strategies are more likely to work for their clients. An attorney will review all of the documents and information to determine just what should be offered or presented as a counter.
Even when attorneys negotiate, there are other negotiation styles. These include: (1) competitive, (2) accommodative, (3) avoiding, (4) compromising, and (5) collaborative. At McGillivary & Silver, we believe that collaborative negotiation, where both parties win, or at least come away from the negotiation with something, is the most efficient way to go. We truly believe that competitive negotiation is going to make things even worse, and take up more of your time and money. Really, what’s the point of that?