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How to Manage Multiple Projects Without Adding Overhead

Managing multiple projects is a double-edged sword. More projects equals more profit, but on the other hand, it means opening your business up to more risk. This isn’t necessarily the worst problem a contractor can face, but it does pose some important questions that contractors have to confront head-on if they want to successfully juggle multiple projects. One of the most difficult balancing acts required for contractors dealing with more than one project at a time is managing overhead. In this article, a construction lawyer in Brentwood, TN, will discuss how you can manage multiple projects while mitigating additional overhead costs.

Organize Your Workflow

Many contractors are turning to cloud-based apps and software to help them organize their workflow, but before you can do this, you’ll need to develop a strong understanding of how your workflow is lacking and what areas could benefit from increased efficiency. Investing in tools to help you manage your workflow can be extremely cost-effective, as many of these applications only charge a nominal monthly fee. By using these systems, you can boost efficiency by improving team collaboration, sharing files, automating tasks, and tracking and organizing documents. This will help reduce you back-office overhead by cutting down on mistakes and ensuring that everyone is on the same page at all times.

Find Your Golden Ratios

Managing resources across multiple projects is a complex endeavor. It’s not uncommon to find yourself asking questions like: How many workers do I need? How much equipment do my workers require to get the job done? What is the cost of sending too many workers or too much equipment to a project site? 

In order to succeed, you need to figure out your “golden ratio” of work relative to workforce and equipment availability. By doing so, you can avoid unnecessary equipment rentals, bloated work costs, and overused equipment. This can also help you avoid worker burnout, which is essential for keeping your projects moving along. Working with too small of a team could end up costing you more than adding a couple workers if an injury takes place on your project site. 

Once you’ve organized your workflow and figured out your golden ratios, you can better analyze cost allocation to highlight other areas for improvement. Remember, every dollar saved is a dollar earned for the parts of your construction business that need it most. One of the best ways to cut costs is by partnering with a construction attorney in Brentwood, TN, for assistance with alternative dispute resolution, OSHA defense, lien law, and more. With a dedicated attorney on your side to help you navigate the narrows of construction law, you can stop wasting money on costly claims and violations that eat away at your bottom line.

If you would like to speak with a construction law attorney in Brentwood, TN, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

Employers who fail to prepare for upcoming changes to the Fair Labor Standards Act (FLSA) salary threshold overtime exemption may find themselves in hot water. If you’re just now beginning to plan for changes to federal overtime regulations, you likely have some catching up to do. These changes have been in the works for nearly four years, and in this article, a Nashville contractor attorney from Cotney Construction Law will discuss why these changes are important and what mid-sized construction businesses need to pay attention to during this transitional period.

The Central Issue

Legal experts have been dropping hints for years now, but it’s worth stating again: employers must be prepared for changes in worker overtime eligibility requirements. Essentially, construction business owners need to decide whether they will pay eligible workers overtime or bump their pay to reach the new $35,568 threshold. In order to make this decision, employers should run a cost and benefit analysis to see whether or not increasing employee wages is the most effective method for controlling labor costs. Performing a comprehensive internal review of your current workforce may also help you identify incorrectly classified employees.

Time Tracking Is Essential

Do you currently track your workers’ time? If not, how can you validate whether or not an employee’s performance meets expectations? Furthermore, how can you be certain that they are actually earning the wages you are paying them? Companies that already have solid time-tracking protocols in place will find that maintaining compliance with the new federal overtime rule is much easier than companies that have failed to integrate time-tracking into their day-to-day operations.

Consult a Nashville Contractor Attorney

As a construction business owner, honoring the rules and regulations contained within the Fair Labor Standards Act (FLSA) is essential if you want to keep your business running smoothly. As you take on new projects, hire new workers, and grow your business, it’s helpful to have a Nashville contractor attorney on your side to ensure your business is maintaining compliance. For assistance transitioning your business operations to comply with the new federal overtime rule, consult one of the Nashville contractor attorneys at Cotney Construction Law.

If you would like to speak with one of our Nashville contractor attorneys, please contact us today.

When handled perfectly, the mechanic’s lien is arguably the strongest weapon in a contractor’s arsenal for dealing with an owner that refuses to pay. But when information is incorrect or deadlines are missed, the mechanic’s lien is just a worthless piece of paper. Over time, amendments to Tennessee’s lien laws have helped make the mechanic’s lien process more efficient, but it’s still littered with potential pitfalls that must be avoided at all costs if you want to obtain due payment.

 

In this editorial, a Knoxville construction lien lawyer from Cotney Construction Law will discuss five mistakes that have been known to cost contractors in the Volunteer State their lien rights. Next time an owner withholds payment from you, don’t jeopardize your right to payment by filing a lien without the help of an experienced lawyer. Even the slightest mistake could limit your ability to get paid.

1. Focusing on the Wrong Dates

When it comes to meeting mechanic’s lien deadlines, contractors should always focus on the date of the final provision of labor or materials and not the date they billed the work. This is a common mistake, but one that can be easily avoided. Since subcontractors and general contractors have different lien filing requirements, you need to understand your role within a project and act accordingly. For example, a general contractor has one year from the final furnishing of labor or materials to enforce a lien. On the other hand, a subcontractor must file a lien within 90 days of their final day of work, and then enforce the lien within 90 days from the filing deadline. It can be a lot to keep track of, which is why many contractors choose to partner with a Knoxville mechanics lien law attorney that will handle this responsibility for them.

2. Neglecting to Serve a Timely Notice of Nonpayment

In Tennessee, all subcontractors who intend to file a mechanic’s lien must serve a Notice of Nonpayment within 90 days of the final provision of labor or materials. Furthermore, the subcontractor must send separate notices for each month that they provided services or materials without compensation. Once again, focus on the last date of work, not the date of billing; otherwise, you could find yourself stripped of your lien rights before you even have the opportunity to file or enforce a mechanic’s lien.

3. Failing to Provide the Requisite Information in the Notice of Nonpayment

Tennessee lien law mandates that a Notice of Nonpayment include certain bits of information. Failing to include the following information could result in your loss of lien rights:

 

  • The contractor’s name and address for correspondence.
  • A general description of the work, labor, materials, services, equipment, or machinery provided.
  • The amount owed at the time the Notice of Nonpayment is issued.
  • The final date on which provisions of labor or materials were provided.
  • A suitable description of the property that can be used to identify it accurately.

4. Sending the Notice of Nonpayment to the Wrong Party

Subcontractors must send the Notice of Nonpayment to both the owner and general contractor. Failure to do so can invalidate a lien claim, as can sending the Notice of Nonpayment to the incorrect party. This might seem like a foolish mistake, but it happens quite frequently. This is because many contractors wait too long to kick off the lien process. As time runs out and they can’t recall the identities of the owner and general contractor, they end up sending the Notice of Nonpayment to the wrong party. One way to avoid this is to consult a Knoxville construction lien lawyer as soon as you don’t receive payment. The longer you wait, the less wiggle room you have to correct your lien filing.

5. Accepting Lien Waivers and Releases 

Another way lien claimants in Tennessee accidentally forfeit their lien rights is by signing and submitting a partial lien waiver that doesn’t uphold their lien rights for the remainder of a project. In many cases, these waivers (usually standard or boilerplate documents) are written in a way that waives “all claims and lien rights.” Sometimes, contractors sign these waivers without thinking anything of it. Of course, when they realize that they no longer have lien rights, it’s not hard to trace the cause of their dilemma back to the source. 

 

When releasing your lien rights, even partially, it’s advisable to consult a Knoxville construction attorney to review the waiver first. Then, you can proceed knowing that your lien rights are protected. You should also insist on adding language to a waiver that clarifies its scope, especially when change orders are involved. Our Knoxville construction attorneys recommend the inclusion of a clarifying statement, such as: “This waiver does not apply to [describe change order, extra work or claim and amount thereof] and the contractor expressly reserves all lien rights for work that has yet to be completed or paid for.”

 

Preserving your lien rights is vital if you want to maintain profitability and protect your bottom line, and a Knoxville construction lien lawyer from Cotney Construction Law can help. Our lawyers are intimately familiar with the mechanic’s lien process and understand how to avoid the pitfalls that have caused contractors to forfeit their right to payment in the past. 

If you would like to speak with a Knoxville mechanics lien law attorney, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

Every year, contractors all across the United States find themselves forced into dealing with unscrupulous owners that refuse to engage in professional conduct. After all, once you sign a contract, you’re responsible for meeting your contractual obligations, even if the owner makes doing so an utter nightmare. When the contractor-owner relationship isn’t strong, disputes are bound to happen for any number of reasons, including:

  • Contract errors or omissions
  • Differing site conditions
  • Breach of contract
  • Claims errors
  • Project delays
  • Project abandonment
  • Nonpayment

Regardless of your reason for being at odds with an owner, it’s important to realize that managing your disputes in a mature manner can help you preserve potentially lucrative relationships, safeguard your professional reputation, and save you money on legal fees. For many contractors, this means working with a Nashville construction dispute lawyer that is well-versed in alternative dispute resolution (ADR). In this brief article, we’ll discuss why one form of ADR, mediation, should be used for your first attempt at resolving a dispute with an owner. If you’re currently embroiled in a dispute with an owner, consult a Nashville construction dispute lawyer to see how you can overcome your dispute while minimizing the financial toll it takes on your bottom line.

Mediation Helps Disputing Parties Meet in the Middle

Mediation isn’t about one party being “right” and the other being “wrong.” The goal of mediation is to facilitate discussion so that two disputing parties can meet in the middle. Therefore, mediation doesn’t rely on a concrete solution to prop up discussion; rather, it explores the underlying reason for the dispute to help both sides understand each other. Then, the disputing parties and the mediator work out a mutually agreeable solution that appeases everyone so that work can commence without any distractions. It’s also an effective process for airing grievances that have been bottled up inside one or both parties. The only knock against mediation is the fact that resolutions aren’t legally binding, but sometimes that’s a good thing. Would you want to work for an owner that is constantly threatening to sue you? Mediation helps both parties get what they want without throwing the book at each other.

Saving Time and Money Makes All Parties Happy

Let’s face it, the contractor-owner relationship can be tense and complicated, but at the end of the day, you’re both chasing the same thing: profit. When you can set aside your differences and talk things out, it means less time in court and less money spent on legal fees. That’s a win-win for everyone! Of course, some disputes can only be resolved through litigation, but it doesn’t hurt to give mediation a shot, and we’re happy to help. Consult a Nashville construction dispute attorney for more information about how mediation can be used to settle your dispute.

If you would like to speak with a Nashville construction dispute attorney, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

According to the Metro Government of Nashville & Davidson County, Tennessee, the Historic Zoning Commission delays the issuance of demolition permits for 90 days to ensure that historic structures are protected. By slowing down all aspects of planned demolition, additional time can be allocated to “documentation, salvage of historic materials, dismantling of historic structure for education in construction technology, relocation, or other appropriate measures.”

In this brief article, a Nashville contractor lawyer from Cotney Construction Law will discuss everything contractors in Nashville should know about historic zoning demolition. If you have any questions pertaining to this topic, feel free to contact your local Cotney Construction Law office to speak with one of our Nashville construction lawyers.

Restrictions on Residential Demolition

In Nashville, no residential structure is permitted to be demolished without prior approval from the Historic Zoning Commission if it meets any of the following criteria:

  • It was constructed prior to 1865
  • It is repairable for a “reasonable” cost
  • It has “historical significance” (i.e., unique architecture, location of a historical event, formerly inhabited by a notable resident, designed by a particular architect, or constructed near another historically significant building)

More information regarding this topic can be found in Ordinance BL2006-936. Feel free to contact our Nashville contractor attorneys with any questions you may have.

Salvage Opportunities

The Metro Historical Commission Foundation works in tandem with Nashville’s Preservation Station to establish a means for individuals to donate salvaged materials that generate non-profit funds. During the 90-day review period, this collaboration works to harvest items and materials of historic value, ensuring that nothing goes to waste when a historic building is eventually demolished. Here’s how it works:

  • Contact the Metro Historical Commission Foundation to inform them of your intent to take part in the donation program.
  • Schedule an appointment with the Metro Historical Commission Foundation to show them the items you have collected and plan to donate. The Foundation will take these items and sell them to the Preservation Station.
  • In exchange for your donation, you will receive a charitable receipt.
  • Arrange for your items to be transferred to the Preservation Station. 

If you would like to speak with one of our Nashville contractor attorneys, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

Nary a day goes by that a construction professional isn’t faced with some form of legal controversy. Whether it’s a dispute with an owner, a citation from the Occupational Safety and Health Administration (OSHA), or something else entirely, there’s no shortage of ways for a contractor to find themselves at odds with the law, even when they’ve done nothing to warrant a cross-examination. 

Take it from us, the Nashville construction lawyers at Cotney Construction Law, we’ve handled all manner of construction-related legal disputes during our years fighting on behalf of the construction industry. We’ve witnessed firsthand how contractors fall victim to avoidable setbacks, and we’re here today to share some of the common legal issues you should be on the lookout for each and every time you sign a contract or step foot on a project site. Remember, for all of your construction-related legal needs, a Nashville construction lawyer is standing by.

Contract Disputes

We could discuss the nuances of construction contracts for eternity and still find more to talk about. Contract disputes are hands down the most common cause of construction-related disputes. Fortunately, contract disputes can be mitigated rather easily with the assistance of a Nashville construction attorney. Simply call upon an attorney from Cotney Construction Law to review your contracts before signing on the dotted line and witness firsthand how an adept legal professional scours these important documents for provisions and clauses that have no place in your contracts. When your contracts are reviewed in advance, you can rest assured that a normalized process for handling change orders, payment disputes, and other common issues has been established, which means less to worry about on your side of the project.

Mechanic’s Liens

When an owner refuses to pay you for your hard work, a mechanic’s lien can be used to obtain payment. Unfortunately, many contractors fall victim to mechanic’s lien follies, but this doesn’t have to be the case. When you consult a Nashville construction lawyer, you can rest assured knowing that your lien complies with all necessary notice requirements, deadlines, and enforcement procedures. As far as getting paid goes, the mechanic’s lien is hands down your most powerful tool; don’t let it go to waste by failing to satisfy the lien laws in Tennessee.

Other Common Legal Issues

In addition to the two major sources of legal issues in the construction industry discussed above, contractors must be on the lookout for the following:

 

  • Project Delays: When things don’t go as planned, it typically leads to delays. In many cases, the contractor is not at fault, but that doesn’t mean a delayed project won’t cause feuds with an owner.
  • Design Defects: Whether it’s an accusation pertaining to structural defects, substandard materials, or code violations, you need a Nashville construction lawyer on your side to prove that your quality of work was sufficient.
  • OSHA Citations: Not all disputes involve an unscrupulous owner. In many cases, OSHA is the disgruntled party. Our Nashville construction lawyers can deftly handle OSHA citations, disproving their claim that you allowed an unsafe working environment to exist under your watch.

If you would like to speak with one of our Nashville construction attorneys, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

In part one, we discussed how important a comprehensive construction contract is for ensuring that an owner can fund a project through to completion. Below, we will continue by discussing how subcontractors too must take steps to ensure that an owner can pay, even when they have fewer resources than a general contractor. If you are facing a potential payment dispute, know that there are still options you can explore to secure payment, avoid litigation, and keep your project on schedule. For assistance resolving a payment dispute and, if necessary, filing a mechanic’s lien, consult a Chattanooga construction lawyer from Cotney Construction Law. 

How Can Subcontractors Protect Themselves from Nonpayment? 

Like general contractors, subcontractors must take steps to ascertain an owner’s financial stability. Unlike general contractors, however, subcontractors don’t have the benefit of contracting directly with an owner and have no grounds to demand proof of finances. They must instead rely on the willingness of the general contractor to request financial information. This is especially concerning for subcontractors that have signed pay-if-paid clauses, contingent payment provisions that could leave a subcontractor powerless to secure payment in the event that an owner is unable or outright refuses to pay a general contractor. 

This doesn’t mean that subcontractors are without recourse. If you are required to furnish performance or payment bonds for a project, you could gain access to an owner’s financial information from the surety, who is certain to require financial information from an owner before assuming any risk on a project. 

Protecting and Enforcing Your Right to Payment

As of the time of this writing, contingent payment clauses are still enforceable in the State of Tennessee. Contractors and subcontractors who fail to review their contracts and request financial evidence are only setting themselves up for failure. While requesting proof of an owner’s finances may seem like overstepping a boundary, it is no different from enforcing any other right allowed by your contract. In order to safeguard your business, you must be prepared to request financial information from all owners you do business with. 

At Cotney Construction Law, our attorneys can draft and review your contracts to ensure the inclusion of provisions that allow you to request financial information from any owner. Additionally, we can provide alternative dispute resolution services to resolve your dispute without the need for a costly, drawn-out legal battle. Before you allow an owner to strike away contract provisions that could benefit your company, consult with the team of Chattanooga construction lawyers from Cotney Construction Law. 

If you would like to speak with a Chattanooga construction lawyer, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

There are a myriad of tools that a contractor can utilize to secure payment from a fraudulent owner. The mechanic’s lien, in particular, is incredibly useful in this regard, but wouldn’t it be nice every now and then to get paid on time and without hassle? In this two-part article, our Chattanooga contractor attorneys from Cotney Construction Law discuss how you can ensure that an owner can afford the sizable bill of a construction project. This is essential for ensuring prompt payment and avoiding a dispute that can only lead to a dead end. 

Verifying an Owner’s Finances 

As stipulated in the American Institute of Architects’ A201-2017 form, General Conditions of the Contract for Construction, there are two moments where you can verify an owner’s finances: before breaking ground and after construction begins if there are concerns with an owner’s ability to pay. Here, it is clearly stated that you can submit a written request before work commences for evidence of an owner’s ability to finance a project. If they refuse, there are additional provisions allowing for a delay until such evidence can be provided. 

Of course, no owner intends to go bankrupt, and construction can be far along before any signs of a late payment become apparent. Again, this general agreement stipulates that proof of finances can be requested if:

  • An owner is late making progress payments
  • There is a reasonable concern that the owner will be unable to make payments 
  • There is a change to the scope of work that increases the project’s cost

If proof of an owner’s finances are not provided within 14 days, you are permitted to stop work until this information has been provided. 

What Is Considered Proof of Finances? 

Remember, A201-2017 is considered a standard contract for managing the relationships and transactions involved in construction projects. As such, it will never be as comprehensive as a contract drafted by a Chattanooga contractor attorney. It does not, for example, specify what constitutes proof of finances. To further complicate matters, an owner may deem any evidence provided as confidential, limiting who you can show this evidence to. 

As we continue in part two, we will discuss how subcontractors can verify an owner’s finances and what you should do if you are faced with the possibility of requesting financial information from an owner. For contract drafting and review services that can protect your from payment disputes, consult the Chattanooga contractor attorneys from Cotney Construction Law. 

If you would like to speak with a Chattanooga contractor attorney, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

Effective October 1, 2019, the Occupational Safety and Health Administration (“OSHA”) revised its weighting system, moving from the Enforcement Weighting System (“EWS”) to the new OSHA Weighting System (“OWS”).

OSHA utilizes a weighting system to evaluate the allocation of its resources in order to maximize its enforcement activities and potential impact on critical areas. In 2015, OSHA implemented the EWS and utilized enforcement units (“EUs”) to classify inspections based on the required level of complexity. Under the EWS, OSHA allotted EUs depending on the time taken to complete the inspections and impact on workplace safety.

Under the new system, OSHA tracks additional factors including essential enforcement support functions and compliance assistance activities. These additional factors allow OSHA to recognize how these activities contribute to OSHA’s mission and further maximize the impact of its resources.

The new OWS categorizes types of inspections into five different groups. The following groups are ordered from highest to lowest priority inspections:

  1. Group A: The most time intensive, complex, and high-priority inspections. (e.g., criminal cases and significant cases)
  2. Group B: Inspections for high-priority hazards and those that are more complex than average and/or are of high lasting value. (e.g., fatalities and catastrophes)
  3. Group C: Programmed inspections following an established emphasis program for hazards that are among the leading causes of death in the workplace. (e.g., caught-in, electrical, fall, and struck-by hazards)
  4. Group D: Programmed inspections following an established emphasis program for priority hazards that are somewhat time intensive and a high priority. (e.g., amputation hazards, combustible dust, federal agency inspections, heat hazards, and site-specific targeting)
  5. Group E: All other inspections not otherwise listed

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

At Cotney Construction Law, our Ft. Myers construction lawyers represent contractors, subcontractors, suppliers, and design professionals in disputes relating to public and private projects. We fight for the industry exclusively, and our commitment to construction professionals is unwavering. Our team has handled virtually every type of construction lawsuit you could think of and probably a few dealing with aspects of construction law that you’re less familiar with.

In this editorial, a Ft. Myers construction lawyer will discuss several types of construction lawsuits that all construction professionals should be familiar with. Construction lawsuits deal with a myriad of claims, including those pertaining to breach of contract, breach of express or implied warranties, construction defects, negligence, deceptive trade practices, and more. In this article, we’ll concentrate on construction defects and delays before summarizing other types of lawsuits. If you are currently dealing with a construction lawsuit, it’s time to pick up the phone and call an experienced legal representative to turn things around for you and your business. 

Construction Defects

Construction defect lawsuits are relatively common in Florida, where residential and commercial buildings alike take a regular beating from aggressive tropical storms and hurricanes on an annual basis. Although defects are already present before bad weather strikes, many fail to show themselves before they are put to the test. For example, you might not realize that your windows are improperly sealed until 60 mph winds and heavy rainfall occur simultaneously. The same goes for defects relating to your roof, siding, and more. 

Whether a defect is patent or latent, you can expect to have an accusatory finger pointed in your direction once a defect is discovered. Whether or not it’s your fault, the contractor is often the one to absorb blame in instances such as this — unless you partner with a Ft. Myers construction defect attorney. Usually, these types of lawsuits deal with allegations that the contractor breached the implied or express warranty.

Implied warranties are unspoken and unwritten promises made by a manufacturer. They come in two forms: the implied warranty of merchantability and the implied warranty of fitness. The former implies that goods will function as expected. The latter deals with the ability to use the product for a specific purpose. Things can get muddy when dealing with these types of warranties, so you may want to involve a Ft. Myers construction defect lawyer.

Express warranties are the opposite of implied warranties. They are explicitly stated warranties discussing the performance, quality, or use of a particular product (or services). When a defect lawsuit arises, you may need to be able to prove that an implied warranty was binding to prevent yourself from paying damages.

Construction Delays

Delays are basically inevitable in the construction industry, but that doesn’t mean you shouldn’t take them seriously. “No damages for delay” clauses have been largely outlawed and are no longer enforceable if the source of the delay is related to fraud, bad faith, interference, or blatant negligence. This means that you and the owner both need to follow the rules, otherwise, a delay could result in one party paying damages. A Ft. Myers construction attorney can review the particulars of your situation, help you determine which party is at fault for delays, and provide strategies to help you come out on top. If the owner acted with negligence or tried to intentionally hinder project progress, you could be eligible for legal relief.

Other Types of Construction Lawsuits

Lawsuits dealing with construction defects and construction delays are two of the most common types of construction lawsuits you’ll face during your career as a contractor. However, you should still be concerned with the myriad of potential lawsuits targeting contractors. Aside from defects and delays, there are many types of construction lawsuits, including:

  • Breach of contract
  • Breach of warranty
  • Claims relating to differing site conditions
  • Code violations
  • Construction lien foreclosure actions
  • Construction lien exaggerations claims
  • Defective roofing
  • Electrical and plumbing issues
  • Environmental issues
  • Extra work claims
  • Insurance coverage disputes
  • Payment and performance bond claims
  • Structural deficiencies

Statute of Limitations for Construction Lawsuits

Let’s circle back around to construction defects. As you are aware, construction defects can be either patent or latent. Latent defects play by a different set of rules since these defects can remain hidden for years before being discovered. If an owner wants to file a lawsuit against you for a patent defect, they must file within four years of:

  • The date the owner took possession of the structure
  • The date the certificate of occupancy was issued
  • The date the construction project was abandoned (if not completed)
  • The date the employment contract was completed or terminated

On the other hand, the statute of limitations for latent defects extends from the time the defect should have been discovered if the owner had exercised due diligence. This time frame varies from project to project, but it will never extend more than 10 years from any of the above dates.

If you would like to speak with one of our Ft. Myers construction attorneys, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.