Construction Litigation
When disputes arise between contracting parties in a construction dispute and differences cannot be resolved, the litigation team at Martinez Morales provides a full range of construction litigation related services.
In relation to construction and design disputes, our litigation attorneys represent developers, general contractors, subcontractors, architects, engineers, materialmen and property owners alike. Our construction dispute experience includes, but is not limited to:
Both prosecuting and defending construction (and design) defect claims on behalf of owners, general contractors and subcontractors
Prosecuting and defending claims for breach of the Florida Building Code by contractors and design professionals
Prosecuting and defending construction delay claims
Imposing, enforcing, and foreclosing on construction liens by general contractors and subcontractors
Imposing, enforcing and foreclosing on equitable liens by general contractors and subcontractors
Filing and perfecting claims against payment bonds for subcontractors on both private and public works projects
Litigating claims against surety when those bond claims are not paid
Breach of contract claims for nonpayment for general contractors and subcontractors
Defending third-party claims raised against subcontractors by general contractors
Assisting owners, contractors, subcontractors, and design professionals through the Florida Statute Ch. 558 dispute resolution process — from notice of claims, through inspection and response to claims
The projects in which we have prosecuted or defended construction-related claims range from single-family homes, to townhome complexes, to commercial properties, and even luxury condominium buildings.
Martinez Morales has dealt with construction disputes at almost every stage of the construction process and has represented parties on all sides of such disputes. We also serve as general counsel to local construction companies, both general contractors and subcontractors, and advise them on construction-related legal issues as they arise.
Arbitration
In addition to litigating construction disputes in the courtroom, our litigation team can handle matters to be decided via arbitration. Arbitration is an alternative form of dispute resolution, where one or more neutral arbitrators serve as the decisionmaker, in place of the judge. Often, clients will find themselves in arbitration because a contract they signed contains a provision stating that all disputes relating to the contract are to be decided in arbitration. In fact, many standard AIA Contracts contain just such an arbitration provision.
Our firm is adept and experienced in the arbitration process, from initiating arbitration, selecting arbitrators, filing motions and conducting discovery within the arbitration framework, to the final arbitration hearing. Our team has arbitrated construction disputes before the American Arbitration Association pursuant to the AIA Contract’s standard arbitration provision, including construction defect and breach of the AIA Contract disputes. These cases involved substantial discovery, deposing construction and design professionals, and presenting expert testimony regarding defects and delays, similarly to a construction dispute brought in a court of law.
Moreover, our firm has experience litigating post-arbitration disputes before the court, such as motions to undo the arbitration award, motions to modify the arbitration award, and confirmation of arbitration awards.
