Miami skyline at dusk with high-rise construction cranes
Construction Law

Contracts, claims, and
construction litigation.

Bridging the transactional and litigation groups, from the first contract through milestone inspections, defect claims, lien enforcement, and courtroom representation throughout Florida, including the High-Velocity Hurricane Zone of Broward and Miami-Dade.

Call (561) 994-4499 Meet the Team
1,000+
Community Associations
Represented
30%+
Board Certified
Attorneys
1984
Founded in
South Florida

Florida's mandatory inspection and funded reserve requirements have changed the construction landscape for every community association in the state.

The demands on boards to identify defects, fund repairs, and enforce the rights they hold against contractors and developers are more demanding than ever. Our construction practice sits at the intersection of those demands, combining transactional depth with the capacity to take a claim to court when that is what a matter requires.

What We Handle

From the contract table
to the courthouse steps.

Construction matters often start as transactional questions and grow into disputes. We are set up to handle both without a hand-off between practice groups.

Repair contract drafting

Drafting and negotiating repair and renovation contracts so the scope of work, payment milestones, and remedies for delay or defect are clear before work begins.

Milestone inspections and defects

Advising boards on the obligations imposed by Florida's milestone and structural inspection requirements, and pursuing defect claims when inspection findings reveal actionable conditions.

Lien and bond claims

Preparing, recording, and enforcing construction liens, and prosecuting or defending payment bond claims for owners, contractors, and subcontractors on Florida projects.

Construction litigation

Representing owners, developers, community associations, general contractors, and design professionals in construction defect disputes through negotiation, arbitration, and trial.

Reserve and funding questions

Counseling boards on Florida's funded-reserve requirements in the context of planned major repairs, so that capital expenditure decisions are defensible from a legal and governance standpoint.

Developer turnover claims

Investigating and pursuing claims by associations against developers for construction deficiencies and other turnover-related matters identified after the developer's control of the association ends.

How the Practice is Organized

Transactional counsel
and litigation under one roof.

Construction matters rarely stay on one track. A milestone report raises questions a project attorney needs to answer before a litigator can file anything. Our practice is built to move between those roles without delay.

Transactional Side

Contract work, inspections, and reserve questions

Edward Hammel leads the firm's transactional construction work. His practice covers AIA contract drafting and negotiation, construction lien law, complex commercial contractor agreements, and the overlap between construction obligations and community association governance. Mike Heitman works alongside him on contract drafting, lien matters, and the construction side of real estate transactions.

  • AIA and custom contract drafting for repair and new construction
  • Milestone inspection compliance and legal obligations review
  • Reserve study context and funded-reserve legal requirements
  • Construction lien preparation, recording, and release
  • Developer turnover review and post-turnover defect assessment
Edward Hammel's profile Michael Heitman's profile
Litigation Side

Defect claims, lien enforcement, and courtroom work

Most of the firm's litigators handle construction disputes as part of their commercial litigation practice. Brett Duker is Board Certified in Construction Law and concentrates on complex commercial and construction litigation in state and federal courts. When a defect claim, lien dispute, or project breakdown requires a courtroom, the litigation group draws on the same board-certified trial and appellate bench that handles the rest of the firm's civil docket.

  • Construction defect claims for owners, associations, and developers
  • Lien and payment bond enforcement and defense
  • Multi-party defect litigation through trial and appeals
  • Arbitration representation under AIA and AAA construction rules
  • Design professional and subcontractor liability disputes
Brett Duker's profile
Who We Serve

Every party with a
stake in the project.

Florida construction disputes involve owners, associations, contractors, subcontractors, and design professionals in overlapping roles. We have represented each of them.

  • Community associations and condominium boards facing repair and defect obligations
  • Developers, owners, and real estate investors on new and renovation projects
  • General contractors and construction managers on lien, bond, and contract disputes
  • Design professionals in defect and professional liability matters
The Post-2022 Reality

Milestone inspections,
reserves, and what comes next.

Florida's 2022 condominium safety legislation changed the obligations on every sizable condominium association in the state. Milestone inspections, structural integrity reserve studies, and mandatory funded reserves are now legal requirements, not board options. Each one creates legal exposure that belongs in a conversation between your engineers and your attorneys.

Our construction practice and condominium practice work together on these questions. When an inspection report reveals a defect or a scope-of-repair question that the board did not anticipate, we are already familiar with the building, the documents, and the history.

See condominium association counsel

Where the two practices connect

  • Milestone inspection results

    When a Phase I or Phase II inspection identifies conditions requiring repair, the board needs both construction counsel (to handle the repair contract) and community association counsel (to address owner communications and special assessment authority). We provide both.

  • Reserve studies and repair contracts

    A structural integrity reserve study gives the board a funding roadmap. We help translate that roadmap into contractor agreements with defined scope, payment milestones tied to work completed, and clear remedies if the contractor falls short.

  • Defect questions after turnover

    Associations that received their buildings from developers years ago are now seeing defects that were obscured by deferred maintenance. SB 360 shortened the construction defect statute of repose from 10 years to 7 years under section 95.11(3)(c), Florida Statutes, so timing is a live issue in any claim assessment.

Common Questions

Questions boards
actually ask.

Construction legal questions rarely have simple answers. These reflect the issues boards most often bring to us in the post-inspection environment.

Should our condo board hire a lawyer before signing a construction contract?
Repair contracts for major projects expose the association to substantial risk if the scope of work, payment schedule, insurance requirements, warranty terms, and dispute resolution provisions are not carefully reviewed. Boards that sign standard contractor form agreements without modification often find that those forms are written to protect the contractor, not the owner. Legal review before execution helps the association avoid disputes later. This is general information about Florida law, not legal advice for a specific situation.
What is the difference between a milestone inspection and a structural integrity reserve study?
A milestone inspection is a physical inspection of a condominium building's structural integrity, required under Florida law for buildings three stories or taller at 30 years of age, with local building officials authorized to require the inspection as early as 25 years for buildings within three miles of the coastline based on salt-water proximity, and every 10 years thereafter. A structural integrity reserve study is a separate requirement: a study identifying components subject to mandatory reserves and the estimated costs and funding needed. The two are related but distinct. An inspection result may require immediate action; a reserve study affects the association's budget and special assessment authority going forward. Both create legal obligations that boards should review with counsel. This is general information about Florida law, not legal advice for a specific situation.
Can a contractor put a lien on our condo if we already paid the general contractor?
A construction lien is a statutory security interest that contractors, subcontractors, and material suppliers can record against real property when they have not been paid for work or materials. As a property owner, the association can face a lien even if it paid the general contractor, if the general contractor failed to pay subcontractors or suppliers who furnished labor or materials to the project. Florida's Construction Lien Law requires careful attention to notice procedures, lien waivers, and proper disbursement to protect the association from claims it did not anticipate. This is general information about Florida law, not legal advice for a specific situation.
How long does the association have to bring a construction defect claim?
Timing for construction defect claims in Florida depends on the type of claim and the date of the alleged defect. Florida law includes both statutes of limitations (which begin running from the date of discovery) and statutes of repose (which run from completion or occupancy regardless of discovery). SB 360, enacted in 2023, shortened the construction defect statute of repose under section 95.11(3)(c), Florida Statutes, from 10 years to 7 years, with the 7-year clock running from the earliest of several events, including the date of actual possession, the issuance of a certificate of occupancy or temporary certificate of occupancy, or abandonment or completion of construction. Boards that receive milestone inspection reports identifying conditions that may be attributable to original construction should consult counsel promptly, as the window to bring certain claims may be closing. This is general information about Florida law, not legal advice for a specific situation.
Can we still sue the developer for construction defects after turnover?
Possibly, depending on when the defect was (or should have been) discovered and the applicable statutes of limitation and repose. Associations that are only now discovering structural conditions through mandatory milestone inspections may still have available claims, depending on the specific facts and the applicable deadlines, despite the passage of time. The analysis is fact-specific and statute-specific. Boards that receive inspection results suggesting construction deficiencies should request a legal assessment of available remedies before concluding that claims are time-barred. Most construction defect claims also require a pre-suit notice and opportunity-to-cure process under Chapter 558 of the Florida Statutes before a lawsuit can be filed. This is general information about Florida law, not legal advice for a specific situation.
Do we have to warn the contractor before we can sue for construction defects?
In most cases, yes. Chapter 558 of the Florida Statutes sets up a mandatory pre-suit notice-and-cure process. Before filing a construction defect lawsuit, the association generally must serve a written notice of claim that describes the defects in reasonable detail. That gives the contractor, subcontractor, supplier, or design professional a chance to inspect the property and respond within a set window of roughly 60 days, either offering to repair the defect, offering a payment, or disputing the claim. Skipping this step can lead the court to stay or dismiss a lawsuit that is filed too early, costing the association time and bargaining power. Because the contract itself may also include its own notice terms, boards should have counsel map out the required steps before sending any demand. This is general information about Florida law, not legal advice for a specific situation.
How long do we have to sue for construction defects in Florida?
Florida sets an outer deadline called a statute of repose, which is an absolute cutoff that runs regardless of when a defect is discovered. SB 360, enacted in 2023, shortened that period under section 95.11(3)(c), Florida Statutes, from 10 years to 7 years. The 7-year clock starts on the earliest of several events, including actual possession by the owner, the issuance of a certificate of occupancy or temporary certificate of occupancy, abandonment of construction, or completion of the contract. For a multi-building community, each building is treated as its own improvement, so the clock runs separately from that building's certificate of occupancy rather than from the completion of the whole development. A separate statute of limitations, which runs from when a defect is or should have been discovered, can cut off claims even sooner. Because these deadlines are unforgiving, boards should have inspection findings reviewed promptly rather than assuming time remains. This is general information about Florida law, not legal advice for a specific situation.

This page reflects Florida construction law current as of 2026. These rules change frequently; confirm the requirements for your project with counsel.

Where It Connects

Construction counsel
built on adjacent practices.

The Team

Meet the Team

Contact

Bring us your
toughest matter.

By telephone
561.994.4499

Fax 561.537.8638

Boca Raton

6111 Broken Sound Parkway NW
Suite 200
Boca Raton, FL 33487

Palm Beach Gardens

5100 PGA Boulevard
Suite 201
Palm Beach Gardens, FL 33418

Every inquiry receives a response within one business day.