The construction payment dispute attorneys at Bennett Legal Group can represent you so that your business does not suffer financially from such disputes.
For contractors, subcontractors or suppliers who are not paid for work performed or products supplied for a construction project, or owners facing unjustified payment demands, the consequences for cash flow and the financial health of a business can be serious.
If calls and invoices do not work with slow payers or nonpayers, the only way may be to escalate the issue.
The threat of a lien or litigation from our payment dispute attorneys is often enough for the funds to appear. However, if the payment issue remains disputed and we cannot solve it by negotiation or mediation, we are prepared to aggressively pursue your interests at trial.
If you are an owner or developer, facing payment demands or liens from contractors, subcontractors or suppliers, our payment dispute attorneys are here to help you as well. We are well versed in all aspects of making proper payments under Florida’s complex construction lien laws as well as contractual defenses to unjustified payment demands.
Construction Payment Disputes in Florida
Payment disputes and collection matters within the construction industry can involve large sums that greatly influence the financial health of a business.
From relatively simple cases of non-payment for services provided from one company or individual to another to complex payment disputes that involve multiple businesses and professionals, cases are varied. They can be difficult to unravel and to resolve to the satisfaction of the injured party or parties.
Our attorneys can represent parties on either side of a construction project payment dispute and we are equally adept and experienced in prosecuting or defending liens.
Payment disputes are often solved before they get to trial but, for that to happen, strong legal representation may be required.
If you are the injured party, such as an unpaid contractor, subcontractor or supplier, we may need to prepare and take steps to enforce a construction lien or bond claim to pursue payment for the work performed or materials supplied.
Conversely, if you are an owner facing a claim and a lien placed on your property, we can advise you on its validity and counsel you on your legal rights, obligations, and defenses. Sometimes, unreasonable delays, poor workmanship or another breach of contract by contractors can be legitimate defenses for non-payment.
For public projects or privately bonded projects, our attorneys advise all parties on their rights, obligations, and defenses under payment and performance bonds.
The key to resolving these matters favorably is not necessarily to take it to trial and seek a favorable judgement – though that always remains an option – but to be prepared for negotiation, mediation or arbitration as well as litigation.
The construction payment attorneys at Bennett Legal Group are experienced at negotiating, mediating and arbitrating favorable outcomes for our clients.
Construction prompt payment laws in Florida
All parties in a construction contract in Florida must abide by the state’s prompt payment construction laws.
These laws recognize the important role that construction plays in the economy of the state and strive to avoid disputes by ensuring that contractors are treated fairly and paid on time for their work.
Prompt payment laws exist for the following types of construction projects:
- State government construction projects: after receiving payment from the public entity, the contractor must pay subcontractors and suppliers within 10 days. A subcontractor must then pay sub-subcontractors and suppliers within seven days and late payments incur interest at one percent per month.
- Local government projects: the funds are due 20 or 25 business days (depending on if a government agent’s approval is necessary) after a proper payment request is received. If rejected, the rejection must be made in writing within 20 business days.
- Private construction projects: if a contractor, subcontractor, sub-subcontractor, or material supplier has completed the work as specified by contract, they are entitled to be paid promptly. If the payment request is incomplete or contains errors, it must be returned in writing within 14 days. Interest may be applied after the payment due date.
Other specific payment laws relate to construction projects such as bridges and roads for the Florida Department of Transportation (FDOT) and public-private partnerships projects.
All of the above laws apply generally to payment disputes among contractors, subcontractors, sub-subcontractors and material supplies.
Why Hire a Payment Dispute Attorney in Florida?
At Bennett Law Group in Orlando, construction disputes form our major practice area.
These disputes can be over a variety of matters. Besides payment disputes, we are also called in by clients for disputes involving breach of contract, extra work and delay, construction defects, malpractice claims and insurance disputes.
In most cases, the injured party just wants to be paid or recover damages.
With payment disputes, an expensive court trial can risk fees mounting up and adversely impacting construction companies and professionals financially. These cases are also matters of public record.
Our payment dispute attorneys take all the steps necessary to avoid lawsuits and to settle matters privately through negotiation and collaboration, mediation, or arbitration.
A necessary part of this strategy is to be ready for a lawsuit and a court trial. We only settle if it is of real benefit to our client and we commit to taking your case as far as necessary to get the outcome you need.
We have considerable experience in helping construction businesses around Florida reach satisfactory resolutions of their payment dispute matters.
We can also work with property owners and developers to prevent liens by exchanging the appropriate paperwork throughout the construction project. This includes construction lien releases and affidavits from contractors before making payments.
While these matters can be technical — with strict legal procedures and timelines governing the available options — we have the experience and the resources to handle even the most complex and protracted payment dispute litigation.
Contact Our Florida Construction Payment Dispute Attorneys
Bennett Legal Group in Orlando represents clients throughout Florida in a range of government and private construction project matters.
We have extensive experience in mediation, arbitration and litigation for resolving complex payment disputes in favor of our clients.
Call us today at 407-734-4559 to arrange a consultation or complete a short form and let us know the nature of your issue.