West Palm Beach Contractor and Subcontractor Dispute Attorneys

Successful construction projects depend on strong partnerships between contractors and subcontractors. When each party understands their role, communicates clearly, and upholds their contractual duties, projects tend to move smoothly from start to finish. However, when expectations are unclear or payment is delayed, disputes can arise quickly, threatening both the project’s progress and the business relationships involved.

In West Palm Beach and throughout Florida, contractor and subcontractor disputes are among the most common causes of construction delays and cost overruns. They can involve disagreements over payment, scope of work, scheduling, or performance standards. These conflicts, if not addressed early, may lead to project shutdowns, financial loss, or even litigation.

The Cunningham Law Firm provides skilled legal representation to contractors, subcontractors, and developers involved in construction disputes. By combining decades of construction law experience with a practical understanding of how projects operate, our firm helps clients protect their interests while maintaining professional integrity and compliance with Florida law.

Common Causes of Contractor–Subcontractor Disputes

Disputes between contractors and subcontractors can arise at any point during a construction project. Many begin with something as simple as unclear language in a contract or a delay in approving a change order. In a fast-paced construction environment like West Palm Beach, even small misunderstandings can escalate into significant financial and operational challenges.

Common causes of contractor–subcontractor disputes include:

Unclear scopes of work: When responsibilities are not clearly defined, parties may disagree about who is accountable for certain tasks.
Payment delays: Late or withheld payments create financial pressure and can halt progress on the job site.
Unauthorized change orders: Performing extra work without written approval often leads to nonpayment and disagreement over compensation.
Scheduling conflicts: Delays in one trade can impact the performance of others, leading to friction and lost productivity.
Work quality disputes: Questions about whether work meets project specifications or code requirements can cause tension between teams.
Communication breakdowns: Lack of regular updates or documentation can result in confusion and finger-pointing when issues arise.

Each of these problems can disrupt timelines, damage reputations, and create unnecessary financial strain. In large-scale Florida construction projects, these disputes can also trigger a ripple effect, affecting owners, lenders, and other subcontractors down the line.

Early intervention is key. When contractors and subcontractors involve an experienced West Palm Beach construction attorney early in the dispute process, they can often resolve issues before they escalate into costly litigation. The Cunningham Law Firm assists clients in identifying the source of disputes, enforcing contractual rights, and finding cost-effective resolutions that keep projects moving forward.

Risks and Consequences of Contractor–Subcontractor Disputes

When disagreements between contractors and subcontractors go unresolved, the impact extends far beyond the immediate parties. These disputes can jeopardize project timelines, increase overall costs, and strain relationships across the entire construction chain. In West Palm Beach, where large commercial and residential developments often involve multiple layers of coordination, even a single dispute can slow progress and threaten profitability.

The consequences of contractor–subcontractor disputes often include:

Project delays: Work stoppages or slowed progress can push projects past critical milestones and create costly scheduling penalties.
Cash flow disruption: Withheld payments or lien filings can limit access to funds, affecting payroll, supplier payments, and future bids.
Increased project costs: Legal fees, rework, or replacement contractors can add significant unplanned expenses.
Litigation or arbitration: Prolonged conflicts may escalate into formal legal actions, consuming time and resources.
Reputational harm: A history of unresolved disputes can affect future business opportunities, bonding capacity, and client trust.
Worksite tension and safety concerns: When communication breaks down, jobsite morale and safety can suffer.

Because Florida’s construction industry is both competitive and highly regulated, timely legal involvement can make a major difference. Consulting a qualified West Palm Beach construction attorney early in the process allows contractors and subcontractors to address issues before they lead to job delays, liens, or litigation.

The Cunningham Law Firm helps clients evaluate their contractual positions, document issues properly, and pursue resolutions that protect both short-term operations and long-term reputations.

Florida Laws Governing Contractor–Subcontractor Relationships

Florida law provides a detailed legal framework for construction contracts, payment obligations, and dispute resolution between contractors and subcontractors. Understanding these regulations is crucial for anyone working in West Palm Beach’s construction market, where compliance errors can lead to financial loss or legal exposure.

Several key Florida laws govern contractor–subcontractor relationships:

Florida’s Prompt Payment Act: Requires timely payment for completed work and allows interest penalties when payments are delayed without justification.
Mechanic’s lien laws: Grant contractors, subcontractors, and suppliers the right to file liens against property to secure unpaid labor or materials.
Bond claim laws: On public projects, payment bonds may replace lien rights, allowing subcontractors and suppliers to recover unpaid amounts through claims against the bond.
Contract law and breach remedies: Florida law enforces the terms of construction agreements and allows parties to pursue damages when obligations are not met.

To maintain compliance, contractors and subcontractors must carefully track payment timelines, notice requirements, and documentation related to changes or delays. Failure to meet even one statutory requirement can limit the ability to recover payment or enforce rights under a contract.

Common compliance challenges include:

Missing notice deadlines under Florida’s lien statutes
Inadequate documentation of change orders or delays
Failure to follow dispute resolution procedures outlined in the contract
Lack of clarity in pay-when-paid or pay-if-paid provisions

The Cunningham Law Firm assists contractors and subcontractors in drafting, reviewing, and enforcing contracts that comply with Florida law. By helping clients understand their rights and responsibilities from the outset, our firm reduces the risk of disputes and strengthens legal protection when disagreements arise.

Resolving Contractor and Subcontractor Disputes

When a disagreement arises on a construction project, the way it is handled can determine whether the project stays on schedule or spirals into costly litigation. In West Palm Beach’s active construction market, where deadlines and budgets are often tight, a proactive and strategic approach to dispute resolution is critical.

Many disputes between contractors and subcontractors can be resolved without going to court. Through careful negotiation and clear communication, both sides can often reach a fair resolution that preserves the working relationship and keeps the project on track. However, when conflicts escalate, more formal methods such as mediation, arbitration, or litigation may be necessary.

Common methods for resolving construction disputes include:

Negotiation: Direct discussions between parties to reach a mutually acceptable resolution.
Mediation: A neutral mediator helps both sides identify common ground and develop a voluntary settlement.
Arbitration: A binding process where an independent arbitrator reviews evidence and issues a final decision.
Litigation: Filing a lawsuit when other methods fail or when significant damages are involved.

Each approach has its own advantages, depending on the nature and complexity of the dispute. The Cunningham Law Firm helps clients assess their options, choose the right forum for resolution, and prepare a strong case supported by documentation, expert testimony, and contract analysis.

In many Florida construction disputes, timing is crucial. Acting quickly to preserve evidence, maintain communication, and meet statutory deadlines can significantly improve the outcome of a case. Our firm’s experienced attorneys guide clients through every step of the process to minimize disruption and achieve practical, cost-effective results.

How The Cunningham Law Firm Helps Clients

Since 1985, The Cunningham Law Firm has represented contractors, subcontractors, developers, and property owners in construction-related disputes throughout West Palm Beach and across Florida. Led by managing attorney Malcolm Cunningham, our firm offers personalized legal support grounded in decades of construction law experience.

Contractor and subcontractor disputes often involve complex agreements, overlapping responsibilities, and significant financial stakes. Our firm provides a clear, strategic approach tailored to each client’s goals, whether that means pursuing payment, enforcing performance obligations, or defending against unfounded claims.

The Cunningham Law Firm assists clients with:

Drafting and reviewing contracts to ensure clear terms and prevent future disputes
Advising on lien and bond claims to secure or defend payment rights
Negotiating and mediating conflicts to reach fair and timely resolutions
Representing clients in arbitration or litigation when formal action is required
Providing risk management counsel to reduce exposure in future projects

Our firm’s combination of legal knowledge and practical construction insight allows it to approach disputes with both efficiency and precision. Whether handling a single disagreement or a complex, multi-party dispute, The Cunningham Law Firm works diligently to protect clients’ financial interests and business reputations.

Builders and subcontractors throughout West Palm Beach rely on our firm for proactive, solution-driven representation that keeps projects moving and relationships intact.

Additional Legal Services

Disputes between contractors and subcontractors often overlap with other areas of construction law. Because of this, The Cunningham Law Firm provides comprehensive legal support for builders, developers, and property owners across West Palm Beach and Florida. Our firm’s experience extends well beyond individual disputes, helping clients manage every stage of a construction project from contract formation to final completion.

In addition to handling contractor and subcontractor disputes, The Cunningham Law Firm represents clients in:

By offering services across these interconnected areas, our firm ensures that clients receive consistent, well-rounded legal guidance. Whether you’re negotiating a new contract, facing a payment delay, or responding to a claim, The Cunningham Law Firm provides the focused, detail-oriented representation needed to protect your financial and professional interests.

Clients across West Palm Beach trust our firm for its experience, accessibility, and commitment to achieving practical results in even the most complex construction law matters.

Contact The Cunningham Law Firm Today for Your West Palm Beach Contractor–Subcontractor Dispute

If you are involved in a dispute between a contractor and subcontractor, taking early action can help protect your rights and minimize costly disruptions. The Cunningham Law Firm provides experienced legal representation for construction professionals throughout West Palm Beach and Florida, helping clients resolve disputes efficiently and maintain their business relationships.

Our firm represents both contractors and subcontractors in disputes involving payment issues, scope of work disagreements, change orders, and performance claims. With decades of experience in Florida construction law, The Cunningham Law Firm is dedicated to achieving practical, timely solutions that keep your projects moving and your business protected.

Contact The Cunningham Law Firm today at (561) 833-6400 or connect with us online to schedule a consultation with an experienced West Palm Beach construction law attorney.

Frequently Asked Questions

How do Florida lien and bond laws affect contractor and subcontractor payment conflicts?

On private construction, Chapter 713 governs liens, notices, and enforcement, which can shape how a dispute is resolved without court intervention. On public work in Florida, payment bonds and prompt payment sections under Chapter 255 often replace liens and create different notice and timing rules. We analyze which framework applies to your West Palm Beach project and build a calendar of hard deadlines. Our attorney team prepares compliant forms and service to avoid technical defenses that can derail recovery. We also evaluate bond terms and potential attorney fee provisions that shift negotiation dynamics. With the right statutory roadmap, we can press for releases of undisputed sums while keeping litigation options ready.

What strategies help keep projects moving during a contractor–subcontractor conflict in West Palm Beach?

We push for release of undisputed amounts, memorialize field directives in writing, and create interim milestones that justify progress payments. Where appropriate, we use partial lien waivers or bond claims to secure funds while construction continues in Florida. We coordinate with schedulers and experts to validate delay or disruption claims so cash flow and staffing remain stable. Our attorney team prepares a concise issue list for meetings, mediations, or project neutral sessions to resolve scope and sequencing friction. We also recommend documentation habits that reduce noise, like daily reports and clarified RFI trails. These moves help contain a dispute so it does not snowball into full litigation in West Palm Beach.

When should a contractor or subcontractor escalate to formal litigation in Florida?

Escalation makes sense when the other side ignores statutory timelines, withholds retainage without cause, or refuses to address clear change order entitlement. We assess statutes of limitation and repose alongside your project schedule in West Palm Beach to avoid timing pitfalls. Our attorney team drafts focused pleadings that target fee-shifting and dispositive issues early. We still leverage mediation or arbitration when it improves outcomes, but court pressure can convert stalled positions into realistic numbers. Evidence control is vital, so we protect ESI, site access, and expert protocols from day one. With a clean record and strong exhibits, litigation becomes a business tool rather than a distraction in your Florida construction matter.

What is the most cost-effective step to take when a subcontractor stops performing due to non-payment?

The most cost-effective move is to act early and document everything: issue written notices, preserve the contract, keep records of work performed and payments due, and engage legal counsel before the problem escalates. At that stage you may be able to negotiate, mediate or restructure the payment terms rather than heading straight to litigation. Your attorney will analyze your contract for default provisions, scope ambiguity, and payment triggers to see how best to protect your rights. Because in Florida the law favors early resolution, a well-timed intervention can keep the project moving and preserve business relationships. If you delay, costs escalate, and you may lose lien rights or face counterclaims. Early legal guidance also helps ensure you timely meet notice deadlines or statutory requirements.

How can change-order disputes between contractors and subcontractors be prevented or managed proactively?

To prevent change-order disputes, the contract should clearly define the procedure for change orders: what triggers them, who must approve, how pricing is calculated, how time extensions are handled, and how documentation works. During the project your attorney can help ensure those change-order rules are followed and that any extra work is negotiated in writing before performance, not after the fact. When changes happen without proper approvals, they become prime territory for dispute and non-payment. If a conflict arises, legal counsel can help assess whether the work should have been treated as a change order versus included in the base scope, and whether notice requirements were met. In Florida’s multi-tiered markets such as West Palm Beach, prompt attention to change-orders helps avoid cascade delays and protects subcontractor payment rights. Good change-order management is as much about process, documentation, and timing as it is about pricing.

What role do site-meeting minutes and daily logs play in defending against a quality or performance claim?

Site-meeting minutes and daily logs are vital evidence in any contractor-subcontractor dispute because they reflect what was communicated, when, and who agreed to what during the project. If a subcontractor is accused of poor workmanship or delay, having dated logs showing scope discussions, change orders, inspection results and approvals can substantially strengthen their defense. A construction attorney will advise you to keep such logs regularly and tie them to contractual obligations (e.g., acceptance criteria, schedule changes). In Florida courts these records play a key role in showing compliance, timely notice of issues, or providing documentation of owner/contractor approval. Without good logs, you may be vulnerable to claims of non-performance with less evidentiary support. By implementing a disciplined record-keeping approach from start to finish, you reduce risk and increase your chances of favorable resolution.

How do we structure contracts to reduce future contractor–subcontractor disputes?

We tighten scope definitions, change order processes, and notice provisions so rights are preserved even when the jobsite gets hectic. Payment timing, retainage, and conditions precedent are calibrated to Florida law and West Palm Beach market realities. We clarify risk allocation on indemnity and insurance endorsements to prevent surprise exposure mid-project. For dispute resolution, we build step-downs that encourage quick, project-level fixes before anyone races to litigation. If you want a fast contract checkup tailored to your project, you can contact us and we will align a practical plan with your timeline.

Additional Information in West Palm Beach, Florida

FDOT – Standard Specification Library: This page provides the official “Standard Specifications for Road and Bridge Construction” used by FDOT contracts, laying out detailed requirements for how work must be performed, what materials must be used, and the workmanship and quality expectations. In a dispute between a contractor and a subcontractor, this library helps establish what the contract required in terms of performance and whether the party performed in accordance with the specification. It can serve as objective evidence of the standard to which the subcontractor should have adhered (or to challenge whether the contractor required the proper specification). If the subcontractor claims non-payment for work done, the contractor can counter by showing work deviated from the specification library standards. Alternatively, the subcontractor may use it to argue that the contractor demanded work beyond what the specification allowed or changed the work unilaterally. Having the specification library accessible provides a benchmark for assessing whether contract compliance (or non-compliance) triggered the payment dispute.

The Florida Senate – (Chapter 255 Section 5) Bond of contractor constructing public buildings: This statute mandates that when a contractor enters into a contract with a public entity (state, county, city, or other subdivision) for construction, repair, or improvement work, they must execute and record a payment and performance bond in the public records prior to commencing or recommencing work. It further gives protected parties (such as subcontractors or suppliers) a direct cause of action against the surety bond if they’ve provided labor or materials and haven’t been paid. This is valuable in a contractor-subcontractor dispute because if the subcontractor isn’t paid, the statute may give them a route to claim against the bond rather than relying solely on contract remedies. For the contractor, understanding the statute helps ensure compliance so that the public entity doesn’t withhold payments or invalidate claims due to missing bond requirements. It also helps establish the timeline and notice obligations for claimants who intend to rely on the bond. Thus, in payment disputes where public work is involved, § 255.05 gives legal support for subcontractors and suppliers and a compliance framework for contractors.

Palm Beach County Clerk – Transfer of Lien to Bond: This page explains how a claimant with a recorded lien (typically a mechanics’ or construction lien) may transfer that lien to a bond, thereby clearing the encumbrance from the property while preserving the claimant’s rights against the bond. In a dispute between a contractor and a subcontractor, if the subcontractor has recorded a lien for unpaid work or materials, this process becomes relevant because the contractor or property owner may seek to replace the lien with a bond, allowing property transactions or project financing to proceed. For the subcontractor, knowing this mechanism helps them understand how their lien rights might be affected and how they might enforce claims if the lien is transferred to a bond. For the contractor, it provides a way to manage and potentially mitigate lien risk or to negotiate settlement by offering a bond rather than immediate cash payment. The page thus gives procedural guidance that is useful for both sides in a payment dispute scenario involving liens, bonds, and property encumbrances.

Contact Us

Address:

250 South Australian Avenue, Suite 701,
West Palm Beach, FL, 33401

Email:

FMCUNNI@CUNNINGHAMLAW.COM

Phone:

(561) 833-6400