Construction Litigation

When construction disputes arise, the stakes are high. Whether it’s a missed deadline, breach of contract, or faulty workmanship, problems in construction projects can quickly lead to significant delays, financial strain, and even lawsuits. These conflicts often disrupt business operations, damage reputations, and result in substantial legal and repair costs for everyone involved.

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Legal representation from a qualified attorney can protect your rights and help resolve construction disputes more effectively. A construction litigation attorney can help navigate contractual issues, manage claims for damages, work through lien disputes, and pursue or defend against legal action when necessary. Legal support is crucial for protecting your interests, recovering losses, and preventing costly errors that could delay the resolution.

At The Law Offices of Robert Eckard & Associates, P.A., we bring years of litigation experience to complex commercial and residential construction matters. With a presence in both Florida and Texas, our firm offers dynamic and cost-effective strategies tailored to the needs of developers, contractors, property owners, and businesses. Our litigation team is recognized for its creative problem-solving, vigorous advocacy, and ability to deliver results across a wide range of civil disputes.

Common Construction Disputes We Handle

Construction projects involve multiple parties, complex contracts, fluctuating timelines, and substantial financial commitments. With so many moving parts, it’s no surprise that even a minor breakdown in communication or performance can trigger serious legal problems. When these conflicts occur, they often lead to protracted and expensive disputes, including:

  • Breach of construction contract
  • Construction defect claims
  • Delay claims and scheduling disputes
  • Payment and performance bond claims
  • Mechanic’s lien enforcement and defense
  • Warranty issues
  • Negligent design or supervision
  • Subcontractor disputes

Whether you are a contractor, developer, or property owner, working with a construction litigation lawyer can help you respond to these challenges with a clear strategy. We tailor our approach to the needs of each client and take steps to minimize financial exposure while protecting your rights throughout the legal process.

Our Approach to Construction Litigation

We approach construction litigation with a focus on clarity, efficiency, and results. Our team begins by conducting a thorough review of the contract documents, timelines, correspondence, and project records. From there, we determine where obligations were unmet, how liability may be distributed, and what remedies are available under Florida or Texas law.

Litigation is often necessary to enforce or defend a claim, but we understand that it can be costly and time-consuming. That’s why we also explore pre-litigation resolutions, including negotiation and mediation, when they serve the client’s best interest. However, if the dispute cannot be resolved outside of court, our litigation team is prepared to pursue a favorable outcome in state or federal court with determination and aggression.

As a firm with experience in both business litigation and construction law, we understand the legal and financial dynamics at play. Our attorneys collaborate closely with construction professionals, expert witnesses, and industry consultants to develop robust cases that are informed, persuasive, and thoroughly documented.

To learn more about our broader civil litigation services, visit our Business Litigation page.

Construction Defects and Warranty Disputes

Construction defect cases often involve complex fact patterns and legal principles. Whether you’re dealing with structural failures, water intrusion, or code violations, we help clients determine whether the problem stems from design flaws, poor workmanship, or substandard materials. These matters often require technical assessments, expert evaluations, and careful review of contract language to determine liability and damages. We also evaluate whether the issue falls under express or implied warranties and whether notice requirements or statute of limitations periods apply.

Our attorneys represent plaintiffs seeking to recover the cost of repairs and defendants facing claims they believe are unjustified. We also assist in coordinating with engineers, contractors, and inspectors to support or dispute the presence of a construction defect. In either case, we focus on ensuring that our clients’ contractual and legal rights are enforced under state construction laws.

Protecting Contractor and Owner Rights

Florida’s construction laws provide essential remedies and defenses for both contractors and property owners. We help general contractors and subcontractors file and enforce mechanic’s liens, protect against improper termination, and defend against payment disputes. We also assist with ensuring contract compliance and preserving lien rights through proper documentation. For property owners, we provide guidance in withholding payment, filing claims for nonperformance, and defending against wrongful liens.

Our team also represents parties involved in public works or federally funded construction projects, where separate rules, such as those under the Miller Act, may apply. These cases often require strict adherence to notice requirements, performance standards, and regulatory timelines. We have experience resolving both private and public construction disputes efficiently and effectively.

Construction Litigation in Florida and Texas

Because we serve clients in both Florida and Texas, we are uniquely positioned to assist with construction matters that involve multi-state entities, cross-jurisdictional contracts, or out-of-state property interests. This dual-state capability allows us to help clients facing legal issues in overlapping markets or operating under differing construction laws. We are familiar with the nuances in construction law and litigation procedure across both jurisdictions and can represent clients wherever the dispute arises.

Our office in Palm Harbor handles disputes throughout the Tampa Bay area, and our firm’s dual-state presence offers valuable flexibility for our business clients with operations in both states. We are committed to delivering efficient legal strategies that align with each client’s business goals, regardless of jurisdiction. Learn more about our firm’s background here.

Frequently Asked Questions

What types of construction contracts do you litigate?

We litigate disputes involving fixed-price contracts, cost-plus agreements, time-and-materials contracts, and hybrid arrangements. We also handle disputes tied to public construction contracts and subcontracts.

Can you help resolve construction disputes without going to court?

Yes, in many cases, we can resolve construction disputes through negotiation, mediation, or arbitration. When litigation is unavoidable, we are prepared to proceed with full representation in court.

What should I do if I receive a notice of a mechanic’s lien?

You should contact an attorney immediately. A lien can impact your ability to sell or refinance your property. We can help you determine if the lien is valid and advise on the steps to take to resolve or contest it.

How long do I have to file a construction defect claim in Florida?

In most cases, Florida law provides a four-year period from the time the defect is discovered or should have been discovered. However, deadlines vary depending on the facts and contract terms, so a timely legal review is essential.

Speak with Our Construction Litigation Team

Construction projects don’t always go according to plan. When a dispute arises, delays, cost overruns, and broken business relationships often follow. Whether you’re a contractor, developer, or property owner, legal conflicts can quickly affect the bottom line.

We understand the high stakes involved in these cases. Our firm has extensive experience in representing clients in both sides of construction disputes. We take a strategic, results-oriented approach that aligns with your business objectives.

If you need a construction litigation attorney in Palm Harbor or anywhere in Florida or Texas, contact The Law Offices of Robert Eckard & Associates today. You can also reach out directly through our contact page to schedule a consultation. Let us help you resolve your construction dispute with clarity and confidence.

Our Testimonials

What Our Clients Say

I was referred to Robert by Ruge Law Group when they were actually KRG Law Group. They handled a car accident I was involved in. This was a business debt collection levied against our company by an employee’s debt collector. He and his colleagues handled it flawlessly. He and his staff are beyond impressive and do everything they can to take the cases brought before them. I came back to them with a very big case. I don’t want to dox anyone in the office other than the name on the business. However, they handled it in the most professional, respectful, and caring way possible. J, you did an amazing job and due diligence! Robert, I wanted to personally thank you for representing us in the past and in the future. You and your paralegals are above Top Shelf. This firm is straight Louis XIII.

I hired Drew to assist with a business dispute that I encountered with a fellow member of the Florida Bar. Drew was very professional and was able to negotiate a positive settlement for me.

I hired Mr. Patterson (due to another attorney's referral) to handle what I viewed as a complex case. Because of Mr. Patterson's knowledge of the applicable laws and forethought of opposing counsel's strategy, I'm happy to say the outcome was "excellent." I generally do not post but Mr. Patterson absolutely deserves a well appreciated applause for his legal performance. That said, I also referred him to my sister which also had successful results. Thank you, Mr. Patterson.

As always, you (and BK) are rockstars! I couldn't be more grateful to have you both on my side. I appreciate all that you both do.

You are amazing! Thank you so much! I’ll give you a 5-star review, you’re the best!

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