Construction Law
Three Common Construction Disputes in Florida
In the 2018-2019 fiscal year, the state of Florida’s population increased by 1.81% or nearly 378,000 people. With such a high increase in population, the demand for new homes is sure to rise as well. As your company takes on more construction projects, you also risk taking on a higher number of negative claims during and after the construction process. Whether dealing with construction defect claims or citations from the Occupational Safety and Health Administration (OSHA), you may find yourself in need of one of our experienced Lakeland construction attorneys.
Related: 5 Ways to Avoid Construction Disputes
Construction Defects
When an owner believes there is an issue with a home or building, it is considered a construction defect. There are two main types of construction defects: patent defects, which are totally obvious, and latent defects, which are less noticeable and may go undetected for quite a long time. Common patent defects in Florida are hot and cold spots and improper drainage, while latent defects may be loose soil or foundation issues and damage caused by rainfall.
Regardless of whether it stems from a patent or latent defect, construction defect claims may emerge at any point during or after a project has been completed. Cotney Attorneys & Consultant’s team of Lakeland construction lawyers are familiar with the laws relating to construction defects and can explain the process of handling defect disputes.
Related: Are Construction Defects Avoidable?
OSHA defense
OSHA has rigid legal guidelines to which all construction professionals must observe. Failure to follow these guidelines or an unfavorable inspection may result in citations and costly fines. If an OSHA citation is imposed against your firm, you can move ahead with the suitable steps to resolve any issue and pay any fines or you have the option to challenge the citation. This procedure will occur in front of an appointed judge, and it is suggested that you enlist the aid of an attorney. He or she will help you focus on keeping the site of your construction project safe while guaranteeing that all OSHA required documentation is current and compliant.
Bid Protests
It is the nature of the construction industry that you do not win every bid to which you submit. But if you feel that your bid was unjustly disregarded or you are unsatisfied with the result of the bid process, you are allowed to bring it to the consideration of the government agency directing the bid. In the event that this still does not result in a favorable outcome, you may then file a bid protest. The process may be rather involved and time-consuming but is often worthwhile.
Navigating legal matters on your own can be dangerous to both your reputation and your wallet. If you are in need of experienced and dedicated Lakeland construction lawyers for construction defect claims, defense against OSHA, or help regarding a bid protest contact Cotney Attorneys & Consultants.
If you would like to speak with one of our Lakeland construction attorneys, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.