As a comprehensive construction law practice, The Cunningham Law Firm assists clients in five central areas:
Whether you are starting a new project or facing a legal challenge, our firm offers the experience and practical insight needed to help you succeed in Florida’s complex construction environment.
Key Areas of Construction Law in Florida
Florida’s construction industry involves complex regulations that impact every stage of a project, from initial bidding to final completion. In West Palm Beach, construction law governs contracts, payments, safety standards, and dispute resolution, ensuring that each participant meets both legal and contractual obligations. Whether you are an owner, developer, or contractor, understanding these key areas helps protect your interests and prevent costly setbacks.
Core areas of Florida construction law include:
- Contracts: Define project scope, payment terms, risk allocation, and dispute resolution. Common formats include lump sum, cost-plus, unit price, and design-build agreements.
- Procurement and Bidding: Cover fair competition, bid protests, and compliance in public and private projects.
- Licensing and Permits: Ensure that contractors, trades, and projects comply with Florida’s strict licensing laws, zoning rules, and environmental and building permit requirements.
- Regulatory Compliance: Includes adherence to building codes, safety standards, labor laws, and local land-use regulations.
- Payment and Liens: Governed by Florida’s Prompt Payment Act and Chapter 713 lien laws, providing protection for unpaid contractors, subcontractors, and suppliers.
- Construction Defects: Address issues caused by design errors, poor workmanship, or substandard materials that result in damage or safety risks.
- Delays and Disruptions: Handle disputes related to time extensions, liquidated damages, and claims for lost productivity.
- Workplace Safety and Insurance: Require compliance with OSHA standards, workers’ compensation, and liability coverage to protect both workers and companies.
- Dispute Resolution: Utilize mediation, arbitration, or litigation to resolve conflicts efficiently and minimize project disruption.
- Legal Documentation: Includes preparation and review of AIA and FIDIC contracts, subcontracts, change orders, lien releases, and bond claims.
By working with an experienced West Palm Beach construction law attorney, clients can ensure compliance with Florida’s detailed construction statutes while minimizing risk and maintaining project momentum.
Understanding Construction Law in Florida
Construction law governs the planning, execution, and completion of building projects across the state of Florida. It encompasses a wide range of legal matters, including contract formation, payment obligations, workmanship standards, and dispute resolution. Because construction projects often involve multiple layers of contractors, subcontractors, suppliers, and insurers, even a small issue can escalate quickly without proper legal guidance.
In West Palm Beach, construction law plays an essential role in ensuring that projects comply with both contractual and regulatory standards. Legal disputes can arise over anything from missed deadlines to defective materials, delayed payments, or unclear change orders. Florida’s construction statutes are detailed and strict, with specific requirements for notice, filing, and performance.
Construction law in Florida typically involves:
- Drafting and reviewing project contracts and subcontracts
- Managing payment schedules and enforcing lien rights
- Resolving performance or workmanship disputes
- Handling insurance coverage and indemnification issues
- Representing clients in mediation, arbitration, or litigation
The Cunningham Law Firm provides comprehensive representation through every stage of construction. Whether drafting a new agreement or resolving a dispute under Florida’s construction laws, our firm’s approach combines legal precision with practical industry understanding to help clients avoid unnecessary delays and protect their bottom line.
Construction Defects
Construction defects can cause significant financial loss and pose safety risks if not addressed promptly. These issues often arise when design errors, poor workmanship, or substandard materials compromise the quality or integrity of a structure. For contractors, developers, and property owners in West Palm Beach, understanding defect liability is critical to maintaining compliance and protecting investments.
Construction defects generally fall into four main categories:
- Design Defects: Flaws in architectural or engineering plans that cause the structure to fail or underperform.
- Material Defects: Use of low-quality or defective materials that lead to deterioration, leaks, or corrosion.
- Workmanship Defects: Poor construction practices that cause structural instability or performance issues.
- Subsurface Defects: Problems with soil or foundation conditions that undermine the building’s safety or longevity.
These defects can lead to water intrusion, cracking, mold, or other costly repairs. Florida law allows property owners and developers to pursue compensation or require repairs under certain conditions, but strict deadlines apply under the Florida Construction Defect Statute (Chapter 558).
The Cunningham Law Firm assists clients on both sides of construction defect claims, representing builders and contractors accused of defective work, as well as property owners seeking to recover losses. Our firm conducts detailed investigations, coordinates with industry experts, and develops sound legal strategies to achieve efficient and fair resolutions.
By addressing defects promptly and strategically, The Cunningham Law Firm helps clients protect their projects, reputations, and long-term financial stability across West Palm Beach and the state of Florida.
Payment Issues
Payment problems are among the most common challenges in Florida’s construction industry. Delayed, partial, or missing payments can disrupt workflow, cause project delays, and create financial strain for everyone involved. In West Palm Beach, where multiple contractors, subcontractors, and suppliers often work together under layered agreements, even a single unpaid invoice can lead to a chain reaction of disputes.
Florida law provides strong protections for construction professionals through statutes such as the Florida Prompt Payment Act and mechanic’s lien laws. These legal tools ensure that parties who have completed work or supplied materials are paid fairly and within specific timeframes. However, enforcing these rights requires careful compliance with notice and filing requirements.
Common payment issues in Florida construction projects include:
- Late or withheld payments from owners or general contractors
- Disputes over change orders or scope modifications
- Misunderstood or unclear contract terms
- Pay-when-paid or pay-if-paid clauses
- Financing or lender-related delays
The Cunningham Law Firm helps contractors, subcontractors, and property owners in West Palm Beach pursue and defend payment claims efficiently. Our firm advises clients on lien and bond procedures, negotiates resolutions, and, when necessary, litigates to enforce payment rights.
By taking a proactive legal approach, clients can avoid the costly disruptions that payment disputes cause and keep their projects financially secure and on schedule.
Contractor and Subcontractor Disputes
Florida’s construction projects often involve multiple layers of agreements, each with unique obligations and performance expectations. When disagreements arise between contractors and subcontractors, they can quickly impact timelines, budgets, and overall project success. In West Palm Beach, these disputes frequently center around payment, performance quality, or project delays, all of which can lead to litigation if not managed effectively.
Contractor and subcontractor disputes often occur due to:
- Unclear or incomplete contracts that fail to specify scope and responsibilities
- Disagreements over change orders or project delays
- Allegations of defective or incomplete work
- Late or nonpayment from higher-tier contractors
- Failure to meet project schedules or quality standards
Because both contractors and subcontractors depend on each other’s performance, these conflicts require careful legal management. The Cunningham Law Firm represents clients on both sides of these disputes, providing informed advice that balances contractual obligations with practical business needs.
Services provided for contractor and subcontractor disputes include:
- Reviewing and drafting clear subcontracts
- Advising on dispute resolution and termination provisions
- Negotiating settlements before issues escalate
- Representing clients in mediation, arbitration, or court
- Protecting lien and payment rights under Florida law
By resolving disputes promptly and strategically, The Cunningham Law Firm helps clients avoid project interruptions and maintain valuable business relationships. Our firm’s deep understanding of Florida construction law allows it to anticipate issues early and guide clients toward efficient, cost-effective resolutions.
Contract Negotiation and Review
Every successful construction project begins with a well-drafted contract. Contracts set the foundation for clear expectations, payment terms, and performance obligations. When agreements are vague or incomplete, they often become the root cause of costly disputes later on. For builders, developers, and property owners in West Palm Beach, having contracts carefully reviewed and negotiated before work begins is one of the most effective ways to protect time, money, and reputation.
Florida’s construction laws contain specific requirements for contract provisions, especially regarding payment schedules, change orders, insurance coverage, and dispute resolution. Failing to comply with these standards can expose parties to liability or limit their ability to recover losses.
The Cunningham Law Firm assists clients in West Palm Beach and throughout Florida with all aspects of contract drafting, negotiation, and review. Our firm focuses on clarity, compliance, and risk management to help clients enter agreements with confidence.
Services offered include:
- Reviewing owner-contractor and subcontractor agreements for fairness and enforceability
- Drafting detailed payment and performance clauses that meet Florida’s legal requirements
- Advising on risk allocation, indemnity, and insurance provisions
- Negotiating contract terms to reduce the likelihood of future disputes
- Ensuring compliance with local and state construction regulations
When contracts are clear, comprehensive, and legally sound, disputes can often be prevented entirely. The Cunningham Law Firm provides the legal insight needed to draft strong agreements that support successful project completion and long-term business relationships.
Construction Bond and Lien Disputes
In Florida, construction bonds and liens are vital legal mechanisms for securing payment and ensuring project completion. A mechanic’s lien allows contractors, subcontractors, and suppliers to place a claim against property where their work has not been paid for. A construction bond, such as a payment or performance bond, provides financial protection on public and large-scale private projects.
However, these tools can also lead to complex disputes if they are misused or improperly filed. In West Palm Beach, where many projects involve multiple tiers of contractors, overlapping deadlines, and detailed compliance requirements, bond and lien issues can quickly escalate into litigation.
Common causes of bond and lien disputes include:
- Improper or untimely lien notices
- Disagreements over the validity of a lien or bond claim
- Denied payment bond claims from sureties
- Disputes over performance or project completion
- Errors in filing under Florida’s Little Miller Act or Chapter 713 lien laws
Because Florida’s construction statutes impose strict deadlines and procedural rules, professional legal assistance is critical. The Cunningham Law Firm helps clients prepare, file, and enforce lien and bond claims while defending against improper filings.
Services provided include:
- Filing and enforcing mechanic’s liens for unpaid work
- Pursuing or defending payment and performance bond claims
- Advising on statutory compliance and notice requirements
- Negotiating releases, settlements, or payment agreements
- Representing clients in lien and bond litigation across Florida
Through careful analysis and prompt action, The Cunningham Law Firm helps clients protect their rights, recover payments, and maintain business stability in the face of complex legal challenges.
How The Cunningham Law Firm Supports Florida’s Construction Industry
Since opening its doors in 1985, The Cunningham Law Firm has been dedicated to serving Florida’s construction community. Our firm provides experienced, practical, and detail-oriented legal representation for builders, developers, contractors, and property owners throughout West Palm Beach and across the state.
What sets The Cunningham Law Firm apart is its comprehensive understanding of how legal, technical, and financial factors intersect in construction projects. From drafting a contract to resolving a complex dispute, our firm works directly with clients to identify risks early, resolve problems efficiently, and protect long-term interests.
Clients choose The Cunningham Law Firm because of its:
- Comprehensive knowledge of Florida’s construction laws and regulations
- Experience handling both private and public projects of all sizes
- Personalized, responsive representation tailored to each client’s goals
- Proven record of success in resolving disputes through negotiation or litigation
Construction projects require precision, communication, and legal foresight. Whether your challenge involves a payment dispute, a defective construction claim, or a bond enforcement issue, The Cunningham Law Firm provides clear guidance and trusted advocacy every step of the way.
Contact The Cunningham Law Firm Today for Your West Palm Beach Construction Law Needs
Legal issues in construction can arise quickly and have lasting financial consequences. When disputes occur, or when you want to take proactive steps to prevent them, The Cunningham Law Firm is ready to help. Serving clients across West Palm Beach and throughout Florida, our firm represents all participants in the construction process, including contractors, subcontractors, developers, and property owners.
With decades of experience in Florida construction law, our firm offers comprehensive representation in contract drafting, dispute resolution, defect claims, payment issues, and bond or lien matters. Every case is handled with the attention to detail and professionalism that Florida’s construction industry demands.
To discuss your legal needs with an experienced West Palm Beach construction law attorney,
contact The Cunningham Law Firm today at (561) 833-6400 or connect with us online to schedule a consultation.
