• Introduction.

Simply put, construction law is a mix of commercial and contract law. The immense process of building structures makes litigating construction contracts and disputes a complex task. One project can have a chain of contracts from the owner/investor to the general contractor and from him/her to all the various subcontractors and suppliers of those subcontractors. Florida is a prime location and as a result, a major hub for the construction industry. 

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• Construction Issues.

Construction law deals with the legal issues surrounding the building of any structure. This is not limited to multi-story buildings and residential homes; it also includes bridges, roads, monuments and much more. The most common issue that arises during construction projects are financial in nature. Very often, a project will go over budget from unanticipated circumstances such as an increase in the cost of materials and labor, or a change in the design or finishes. This is mainly a contractual issue where the parties must resolve who is liable for the costs that exceeded the budget. These issues are litigated under the principals of contract law, the uniform commercial code, common law, or sometimes even by state statute. Change orders and project delays may have a significant impact on the costs that exceed the overall budget. Our office always recommends adding a liquidated damages clause in all contracts, whether associated with construction or not. This is merely a glimpse of the various issues that may present itself at any stage in the construction project. 

 

• Other Legal Issues In Construction 

Legal issues outside of financial matters typically involve construction defects. These are flaws that arise during the course of construction, (whether from the engineer or GC), that become apparent once the project is finished. This is typically when a home owner or resident moves in. These flaws are those that create an unreasonable risk of harm in the intended or normal use of the home. These defects may materialize shortly after the Certificate of Occupancy is issued or they may go undiscovered for years. Other defects may include workmanship that does not create any risk of harm, but is merely not to industry standards. Other issues involve toxic mold and workers compensation claims for injuries sustained on the job site.

 

• Our Knowledge

Our office knows the construction industry very well. Prior to pursuing a legal career, Mr. Locay came from a long background working in the construction industry. Mr. Locay performed manual labor in the construction industry as early as thirteen years of age. By the time he reached the age of 20, Mr. Locay was a project supervisor for one of the largest general contractors in South Florida, responsible for the supervision on numerous multi million dollar commercial and residential property. Through this, Mr. Locay gained valuable insight into what type of issues may arise during the course of a construction project. Mr. Locay began negotiating contracts with the subcontractors, as well as performing cost analysis/estimates for all projects under the general contractor. Thereafter, Mr. locay began working for Knauf, one of the largest suppliers of construction materials on the planet. He worked a supervisory capacity in the demolition of hundreds of homes affected by the Chinese drywall epidemic. He also worked with the numerous attorneys involved in the class action suit surrounding the Chinese drywall that was installed in thousands of homes across the state of Florida. As a result he understands the injury claims first hand that can occur on a construction site as well as the contractual issues that present themselves. While pursing his Juris Doctorate, Mr. Locay worked for a prominent law firm in South Florida mainly involved in commercial business and construction litigation. 

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• Our Approach

Todays construction industry is in high demand and the need for more well rounded representation has never been greater. Our team understands the needs of our clients who have built their life in the various construction related fields. Before taking your case, our office will discuss the viability of your case and make recommendations based on those results. We steer our clients in the direction that is most beneficial to their circumstances. This may include advice identifying that it would be unlikely to prevail in court and it may be better to settle, or not proceed at all or that you actually do have viable defense or claim to pursue. However, if we believe you have a viable case or defense, our office will gladly advise you to pursue and advise you what we believe is the best avenue to take in litigating the claim.  Thereafter, upon taking your case, we try to comb through the specific objectives of the client. Whether it be monetary or specific performance that is sought, we will advise you of the paths best suited to achieving those objectives. Although it is our objective to achieve proper resolutions without a trial, it is important for the opposing party to observe a readiness for trial. This will allow settlement demands or offers to be taken more seriously when presented.   

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