West Palm Beach
Construction Attorneys

Florida’s construction industry is one of the most active and competitive in the country, and with that growth comes an increasing need for skilled legal representation. From large commercial developments to public infrastructure projects, even the most well-managed construction jobs can encounter disputes, delays, or compliance challenges. When these issues arise, having a knowledgeable West Palm Beach construction law attorney can make all the difference in protecting your business, your contracts, and your reputation.

The Cunningham Law Firm has been representing builders, developers, contractors, and property owners across West Palm Beach and Florida since 1985. Our firm provides strategic, results-oriented counsel for all aspects of construction law, helping clients manage risks, resolve disputes, and keep projects moving forward.

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.

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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.

Frequently Asked Questions

How do we approach a construction dispute in West Palm Beach to keep your project moving?

We start by mapping the contract, change orders, and payment trail to pinpoint where the dispute began and how Florida law applies. Then we evaluate whether early negotiation, mediation, or targeted litigation will best protect your leverage while containing costs. Because construction projects are dynamic, we also coordinate with schedulers and experts to assess delay claims and critical path issues. When needed, we prepare lien or bond strategies compliant with Florida rules while we pursue resolution. Throughout the process, an experienced construction attorney on our team keeps stakeholders aligned and communications clear. Our goal is practical results that fit West Palm Beach project realities without letting the dispute swallow your timeline.

How do we build a strong case in a construction defects dispute under Florida law?

We begin with a technical investigation, retaining independent experts to evaluate workmanship, materials, and design against contract documents and code. Then we structure a notice and response plan that preserves rights while opening channels to remediate where possible. If settlement talks stall, we press forward with litigation designed to secure repairs or compensation efficiently. Our team manages e-discovery, site inspections, and expert disclosures to keep the case trial-ready. We also track insurance, indemnity, and additional insured issues that can unlock coverage. Whether you are an owner, contractor, or subcontractor in West Palm Beach, our attorney team tailors the strategy to the project and the defect profile.

What can you expect from us when a construction matter heads to court in West Palm Beach?

We set a litigation roadmap that includes early case assessment, budgeting, and milestones so you always know next steps. Discovery focuses on the documents and witnesses that actually move the needle for liability and damages. Our attorney team prepares dispositive motions where appropriate while keeping mediation options open. If trial is the best path, we present a concise narrative using experts who translate technical issues for the judge or jury. We also pursue fee recovery where contracts or Florida statutes allow, which can materially affect outcomes. From pleading to verdict, we keep your construction dispute strategy business-first and results-driven.

At what stage of a construction project should I engage a construction law attorney?

It’s wise to involve a construction-law attorney before the contract is signed—during planning or bidding—to review contracts, identify risks, clarify payment, scope, and dispute resolution terms. However, even after work has begun, you should seek counsel if you encounter change-orders, payment delays, defects, or schedule disruptions. Early legal involvement helps prevent issues from spiraling into expensive litigation and protects your business or investment rights. For a developer, contractor, or owner in Florida, having counsel annually or at project milestones ensures that the legal framework keeps pace with the project’s evolving risks. If disputes do arise, a law firm that understands the industry (such as The Cunningham Law Firm) can intervene quickly to preserve rights, manage notice deadlines, and provide strategic guidance. In short, the earlier the involvement, the better the chance of managing risk effectively.

How does the legal approach differ between a small residential renovation and a large-scale public infrastructure project?

A small residential renovation may involve a simpler contract, fewer layers of subcontractors, and less statutory complexity, whereas a large-scale public infrastructure project often requires compliance with public-procurement laws, payment and performance bonds, layered subcontracts, strict notice and lien rules, and greater regulatory oversight. The attorney must tailor the strategy: for public work, bond claims may replace liens, bidding and procurement rules may apply, and many parties may be involved; for residential work, the focus may be on private contract terms, scope, completion, warranty and homeowner-contractor statutes. The evidence, risk allocation, documentation, and dispute-resolution options differ significantly. Under Florida law, timely notice, statute of limitations/repose, licensing requirements, and regulatory compliance are more complex on public projects. Your legal counsel will adapt the approach accordingly—and a firm with broad construction law experience can navigate both contexts. This ensures the legal strategy is appropriate to the project size, structure and risk.

What should I expect in terms of fees and billing when working with a construction law firm on a dispute?

While every firm differs, you should expect a transparent fee structure that may include hourly billing, flat-fee reviews (for contract negotiation or review), contingency or hybrid arrangements (for payment recovery or defect claims), and clear explanation of who pays for expert witnesses or document-preparation. A reputable construction law firm will discuss billing expectations, scope of services, and likely additional costs upfront. For dispute work—especially on major construction matters—the costs will reflect document review, depositions, expert testimony, negotiation or litigation. A good attorney will also help assess whether early resolution or alternative dispute resolution (mediation/arbitration) offers better value than full litigation. You should ask early about what budget to plan for, what billing milestones apply, and how the firm manages cost-control. Ultimately, you’re looking for legal counsel that aligns with your business goals, keeps you informed, and helps you evaluate cost vs benefit of each step.

How can proactive contract negotiation reduce the chance of a construction dispute in Florida?

Clear drafting on scope, pricing, scheduling, and change management is the best litigation prevention. We tighten definitions, align payment terms with project milestones, and calibrate notice requirements so rights are not lost in the field. Our attorneys also address risk allocation, indemnity, and insurance endorsements so there are no surprises later. On complex builds, we add dispute resolution frameworks that encourage quick, project-level fixes before conflicts escalate. If you want to review or strengthen agreements for a West Palm Beach project, contact us to get started with a focused contract checkup that fits your timeline.

Additional Information in West Palm Beach, Florida

Occupational Safety and Health Administration - Regulations (Standards - 29 CFR): This page contains the full text of 29 CFR Part 1926, which lays out federal regulations specifically for construction work (including scaffolding, excavation, fall protection, rigging, etc.). In a construction legal case, it can serve as a primary source of safety standards the contractor, subcontractors or site owner must comply with. It helps define the required duties and protocols (for example §1926.501 “Duty to have fall protection”). If an accident occurred, you can use the standard to argue whether the relevant party met or violated their obligations, which is crucial in liability. Also, it may be used to establish industry standard of care or show negligence if the protocols weren’t followed. Keep in mind that this is a U.S. federal regulation; if your case is in another jurisdiction you’ll need to check state/local codes.

Department of Business & Professional Regulation - How to Verify a Contractor License: This page provides instructions on how to verify whether a person or business holds an active license in Florida, by name or license number. In a construction case involving Florida-based work, this is helpful to check whether a contractor or subcontractor was properly licensed at the time of the work. That licensing status can affect contractual rights, regulatory compliance and may influence liability or defenses (for example unlicensed activity may be inadmissible). You can use it to document that a party either was or was not properly licensed, which may impact the enforceability of contracts or the ability to claim damages. Also, verifying licenses may help reveal whether proper regulatory oversight was in place, and whether the contractor had authority to take on the work.

Florida Department of Environmental Protection - NPDES Generic Permit: This is a generic permit for stormwater discharges from large and small construction activities in Florida, setting out when a permit is required, obligations for a Stormwater Pollution Prevention Plan (SWPPP), inspections, records, best management practices (BMPs), etc. In a construction case this document can help if environmental regulation compliance is at issue—for example if a construction site caused a stormwater discharge or violated quality standards. It helps show what the responsible party’s duties were (such as submitting a Notice of Intent before beginning disturbing soil). If the case involves delays, site stops or regulatory penalties tied to environmental compliance, this permit can show what the standard regulatory framework is and whether the parties met their obligations.

Contact Us

Address:

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

Email:

FMCUNNI@CUNNINGHAMLAW.COM

Phone:

(561) 833-6400

West Palm Beach Construction Attorneys