What is Construction Law?

people discussing construction law

Florida is now one of the most popular states to build a home or business. But with that popularity comes a set of legal requirements that must be met in order to avoid any issues with building projects. Despite most people’s and businesses’ best efforts to comply with laws and regulations, problems happen every day. Construction law, which is a body of legal principles and regulations, applies to any of the legal issues in the construction industry. Common legal problems that arise in the construction process include contract formation and negotiation, project financing, permitting and zoning, construction defects, and disputes between contractors, subcontractors, and project owners.  

Construction law also deals with the laws and regulations that govern the design, construction, and maintenance of infrastructure, such as buildings, bridges, and roads.   

Other issues could include the following:  

  • Environmental regulations, including building codes and regulations; 
  • Safety and health regulations;  
  • Liens and payment disputes;  
  • Construction defects and warranties;  
  • Delay or disruption claims; and  
  • Dispute resolution, including mediation, arbitration, and if necessary, litigation

Construction law is usually complicated and requires the expertise of experienced legal professionals familiar with the laws and regulations specific to the construction industry. If you find yourself in one of the following situations, it could be beneficial to consult with a construction law attorney.  

Contract Disputes 

Contract disputes with a contractor, subcontractor, or owner over the terms of a construction contract might warrant someone to consider hiring a construction attorney.  

Payment Disputes  

Of course, in most situations, if you complete your contracted work you expect to be paid. However, problems with receiving payment after completing contracted work happen in Florida. A construction law attorney can help you with understanding rights and options, as well as possibly provide a path forward for payment.  

Construction Defects  

We all hope that construction projects are finished with precision and without problems. But if you are experiencing issues with the work that has been done on a construction project, such as leaks, faulty wiring, or other structural issues, a construction law attorney can help you understand what is the best path forward to help mitigate the stress and protect your rights.  

Zoning and Permitting  

You have the land and are ready to begin your construction project but you cannot obtain the necessary permitting and approvals from your local governing body. A construction attorney can help you navigate the next steps so that you can abide by regulations and requirements and begin your project as soon as possible. 


Contractors and subcontractors who have not been paid according to the terms of the contract have a right to file a lien on the property. However, sometimes by just having an attorney represent you, the party responsible for payment may decide to release the funds to you rather than undergo the legal process of having to undergo a lien on their property.  


Litigation happens when a dispute cannot be resolved with the other party during mediation or arbitration. A construction law attorney can represent you in court and help you understand the legal process. 

Compliance With Laws and Regulations   

Laws and regulations in the Florida construction industry are not simple. Having an attorney review any documents you have related to your construction project can ensure you protect your rights and responsibilities and avoid potential legal problems.  If you already have an issue with a construction problem, you will likely want to contact an experienced construction attorney immediately to avoid further complications and protect your rights.