West Palm Beach Construction Payment Dispute Attorney

Common Causes of Payment Disputes

Payment problems in construction projects rarely arise from a single issue. More often, they stem from a combination of unclear agreements, shifting project conditions, or communication failures. In West Palm Beach, where construction involves multiple parties, from owners and contractors to subcontractors and suppliers, any disruption at the top can quickly ripple through the entire project chain.

Some of the most common causes of payment disputes in Florida include:

• Unclear contract terms: Missing or vague language about payment schedules, retainage, or milestones can lead to confusion and disagreement.
• Scope changes: Disputes over additional work, change orders, or modifications to project plans often result in withheld payments.
• Financing delays: Owners or developers may experience delays in receiving funds from lenders, which slows payments downstream.
• Quality or performance concerns: Clients may withhold payment due to dissatisfaction with workmanship or incomplete deliverables.
• Pay-when-paid or pay-if-paid clauses: These contract provisions can delay payments to subcontractors when general contractors haven’t yet been paid.

Because Florida construction projects often involve multiple layers of responsibility, identifying the source of a payment problem requires careful legal and contractual analysis. Even small disputes, if not addressed promptly, can escalate into major financial and scheduling challenges.

Warning signs that payment issues may be developing include:

• Repeated missed or late payments from the general contractor or project owner
• Ongoing disagreements over completed work or change orders
• Requests to delay invoicing or adjust payment schedules without documentation
• Reduced or partial payments without clear explanation
• Sudden financing issues or communication breakdowns between project participants

When these signs appear, it’s important to seek guidance from an experienced West Palm Beach construction payment attorney before the situation worsens. Early legal intervention can preserve relationships, clarify obligations, and prevent long-term disputes.

Florida Laws Protecting Contractors and Subcontractors

Florida law provides several protections to ensure that those who perform work or supply materials on a construction project are paid fairly and on time. For contractors, subcontractors, and suppliers in West Palm Beach, understanding these laws is essential to protecting cash flow and maintaining project momentum.

One of the most important legal safeguards is the Florida Prompt Payment Act, which requires that payments on both public and private construction projects be made within specific timeframes once work has been completed or invoices have been approved. The Act also imposes interest penalties on parties who fail to pay promptly.

Under the Prompt Payment Act:

• Private projects typically require payment within 14 days after work has been approved or an invoice is received.
• Public projects generally require payment within 25 days after receipt of a proper payment request.
• Late payments may accrue interest, and contractors have the right to suspend work under certain conditions if payments are not made.

In addition to statutory payment rights, contractors and suppliers in Florida can protect themselves through mechanic’s liens, which serve as a legal claim against the property for unpaid labor, services, or materials. These liens are among the most effective tools for ensuring payment compliance.

Key legal protections for construction professionals in Florida include:

• The right to file a mechanic’s lien against a property where work was performed
• The ability to recover interest and penalties for late payments
• The right to suspend or terminate work in some cases when payment obligations are not met
• The option to file a breach of contract or quantum meruit claim for unpaid work

Because strict notice and filing deadlines apply to lien claims and payment actions, working with an experienced West Palm Beach construction payment lawyer helps ensure that your rights are preserved under Florida law.

Mechanic’s Liens and Enforcement in Florida

Mechanic’s liens are one of the most powerful remedies available to construction professionals in West Palm Beach who have not been paid for their work. A properly filed lien places a legal claim against the property where the labor, materials, or services were provided, preventing its sale or refinancing until the dispute is resolved.

The process, however, is highly technical. Florida law requires specific forms, notices, and deadlines that vary depending on the role of the party filing the lien. Missing even one requirement can render a lien invalid.

Basic steps for filing a mechanic’s lien in Florida include:

• Notice to Owner: Subcontractors, sub-subcontractors, and suppliers must generally serve a Notice to Owner within 45 days of starting work or delivering materials.
• Recording the Lien: The lien must be recorded in the county where the property is located within 90 days of last providing labor, materials, or services.
• Notice of Contest: Property owners may contest the lien, shortening the time to file a lawsuit to 60 days.
• Foreclosure Action: If payment remains unresolved, the lienholder may file a foreclosure action within one year of recording the lien.

Mechanic’s liens can secure payment for:

• Unpaid labor or materials
• Equipment rentals and related services
• Interest and legal costs associated with collection efforts

Because lien law is complex, many contractors and suppliers in West Palm Beach rely on legal counsel to prepare, record, and enforce their liens properly. The Cunningham Law Firm assists clients on both sides of lien disputes, helping unpaid parties enforce their rights and defending property owners or developers when liens are improperly filed.

Prompt, accurate action can make the difference between recovering payment and losing valuable legal rights. Working with a knowledgeable Florida construction payment attorney ensures compliance with the law and provides the leverage needed to achieve a fair resolution.

Preventing Payment Issues Before They Arise

The best way to handle payment problems is to prevent them before they start. In West Palm Beach’s competitive construction market, where multiple parties work together under tight timelines, prevention comes down to preparation, documentation, and communication. By clearly outlining payment expectations and maintaining proper records, contractors and property owners can minimize disputes and maintain healthy working relationships.

The Cunningham Law Firm encourages clients to take proactive steps to reduce the likelihood of payment delays and disagreements. These include:

• Use Clear and Detailed Contracts: Specify payment amounts, timelines, retainage, and penalties for late payment. Avoid vague or open-ended terms.
• Establish a Defined Payment Schedule: Tie payments to verified milestones, inspections, or progress reports.
• Require Timely Change Order Approvals: Document and authorize all modifications in writing before starting additional work.
• Maintain Consistent Communication: Keep open lines of dialogue between owners, contractors, and subcontractors to address problems early.
• Track and Document Everything: Save copies of invoices, delivery receipts, correspondence, and inspection reports.
• Seek Legal Review of Agreements: Have an experienced Florida construction law attorney review contracts before signing to ensure compliance and protection.

For builders and developers, preventive legal planning saves money and avoids the stress of late payments or litigation. For subcontractors and suppliers, it provides leverage and security in an industry where cash flow is critical.

By working with a knowledgeable West Palm Beach construction payment attorney from the outset of a project, clients can establish strong legal and financial safeguards that minimize future risk.

How The Cunningham Law Firm Helps Clients

When payment disputes arise, swift and strategic legal action can protect your business and preserve professional relationships. Since opening in 1985, The Cunningham Law Firm has provided reliable, results-oriented representation for clients involved in Florida construction disputes. Our firm represents contractors, subcontractors, suppliers, developers, and property owners in West Palm Beach and throughout Florida, helping them recover payment or defend against wrongful claims.

Our firm understands that every payment issue is unique and that a tailored approach is essential. Some disputes can be resolved through negotiation, while others require formal legal action. The Cunningham Law Firm carefully evaluates each situation to determine the most effective strategy.

Services provided for construction payment disputes include:

• Contract drafting and review to ensure enforceable payment terms
• Lien preparation and filing to secure payment rights
• Negotiation and mediation to resolve conflicts efficiently
• Litigation and arbitration for contested claims
• Defense against improper or fraudulent lien filings
• Advising on compliance with Florida’s Prompt Payment Act and other applicable laws

Our firm’s deep understanding of Florida construction law enables it to protect clients’ financial interests while maintaining professionalism and efficiency. Whether you are seeking to collect unpaid invoices, enforce a lien, or defend against one, The Cunningham Law Firm offers the practical guidance and representation necessary to achieve favorable results.

By combining legal knowledge with industry insight, our firm helps construction professionals and property owners in West Palm Beach navigate payment disputes while keeping their projects and businesses moving forward.

Additional Legal Services

Payment disputes are just one of the many legal challenges that arise during construction projects in West Palm Beach and throughout Florida. Because construction law issues often overlap, The Cunningham Law Firm offers a full range of related services to support builders, developers, and property owners from the planning stage through project completion.

In addition to handling payment disputes, our firm provides legal representation in areas such as:

• Construction defects
• Contractor and subcontractor disputes
• Contract negotiation and review
• Construction bond and lien disputes

By offering comprehensive legal support across these interconnected practice areas, The Cunningham Law Firm helps clients manage risks, resolve conflicts, and protect their financial interests throughout every phase of construction. Whether you’re drafting a new contract, responding to a defect claim, or pursuing unpaid invoices, our firm’s experience ensures that your matter is handled with precision and care.

With decades of experience in Florida’s construction industry, The Cunningham Law Firm understands the importance of timely, thorough, and practical legal solutions. Clients across West Palm Beach turn to our firm for consistent results and a commitment to protecting what matters most, like their projects, their reputation, and their bottom line.

Contact The Cunningham Law Firm Today for Your West Palm Beach Payment Issue

If you are facing payment delays, disputes, or non-payment in a construction project, taking action early can protect your rights and prevent financial loss. The Cunningham Law Firm provides experienced representation for contractors, subcontractors, developers, and property owners dealing with payment challenges throughout West Palm Beach and Florida.

Whether your issue involves delayed invoices, withheld retainage, or unresolved lien claims, our firm can help you assess your options, enforce your rights, and pursue the compensation you are owed. Each case is handled with attention to detail, practical strategy, and a clear understanding of Florida’s construction laws.

Don’t allow payment problems to jeopardize your project or your business. Contact The Cunningham Law Firm today at (561) 833-6400 or connect with us online and schedule a consultation with an experienced West Palm Beach construction payment attorney.