Construction & Real Estate Litigation

Construction & Real Estate Litigation

Construction and real estate disputes have a way of escalating quickly. A payment application that gets rejected in March becomes a mechanic’s lien in April, a breach of contract suit in June, and a bet-the-project fight over retainage, delay damages, and liquidated damages by the fall. Commercial real estate disputes move on a similar arc: a purchase-and-sale agreement goes sideways, earnest money gets tied up in escrow, and suddenly the parties are arguing about specific performance, fraudulent misrepresentation, and carve-outs that nobody looked at carefully when the deal was signed.

John Montague, Esq. represents owners, developers, general contractors, subcontractors, lenders, buyers, sellers, and investors in construction and real estate litigation throughout Florida. Drawing on his years as a commercial litigator at Locke Lord LLP (now Troutman Pepper Locke), an AM Law 200 firm, he brings big-firm discovery rigor, motion practice, and trial preparation to disputes that often determine whether a project finishes on time, whether a closing actually closes, and whether the economics of a transaction survive the litigation.

Key Legal Issues We Handle

Construction Defect and Warranty Claims

Construction defect cases live and die on the technical record: plans and specifications, RFIs, submittals, daily reports, change orders, inspection reports, and expert opinions from engineers and construction consultants. Florida’s Chapter 558 pre-suit notice procedure, the statute of repose under Fla. Stat. § 95.11(3)(c), and the economic loss rule all shape how defect claims are pled and defended. We represent developers and contractors responding to Chapter 558 notices, homeowners’ associations pursuing construction defect claims, and design professionals defending against claims of professional negligence.

Mechanic’s Liens, Bond Claims, and Payment Disputes

Florida’s Construction Lien Law (Chapter 713) is unforgiving about deadlines and technicalities. Missed Notices to Owner, defective lien claims, untimely Notices of Contest, and Chapter 713.21 transfer-to-bond motions can determine whether a contractor collects on a project or walks away empty-handed. On the defense side, we move aggressively to discharge fraudulent or exaggerated liens, contest improper lien amounts, and protect owners from double payment exposure when subcontractors and suppliers haven’t been paid.

Delay, Disruption, and Acceleration Claims

Schedule-driven claims require a careful forensic analysis: critical path method (CPM) schedules, time impact analysis, and as-planned versus as-built comparisons. We work with scheduling experts to prove or defend against claims for extended general conditions, home office overhead (Eichleay formula), loss of productivity, and acceleration costs. These cases often turn on contract provisions most parties ignored during negotiation — no-damages-for-delay clauses, notice requirements, and waiver provisions that can dispose of seven-figure claims in a single motion.

Real Estate Contract and Closing Disputes

When a real estate transaction collapses, the fight is usually about earnest money, specific performance, or damages for breach. We litigate disputes over purchase-and-sale agreements, options, rights of first refusal, and letter-of-intent enforceability. In commercial deals, we handle post-closing indemnification claims, purchase price adjustment fights, and disputes over representations and warranties. Residential cases often involve fraudulent nondisclosure, failure to disclose material defects under Johnson v. Davis, and broker commission disputes.

Title, Boundary, and Easement Litigation

Title disputes, quiet title actions, boundary line disagreements, and easement fights can hold up closings, block development, and depress property values. We handle adverse possession claims, prescriptive easement disputes, implied easements by necessity, and actions to clear clouded titles. When a title insurer denies coverage or tenders a defense under a reservation of rights, we coordinate with the policyholder to preserve coverage while litigating the underlying dispute.

Our Approach to Construction and Real Estate Litigation

We start every matter with a hard-eyed assessment of the documents, the deadlines, and the leverage each side actually has. Construction and real estate cases reward early, disciplined work: preserving critical emails and field documents, issuing litigation holds before a spoliation problem emerges, and identifying the dispositive contract provisions before the other side does. In many matters we resolve the case at an early mediation or through a targeted motion for summary judgment on a contract interpretation issue — saving the client the cost of a full trial.

When a case does need to be tried, we prepare it to be tried. That means taking depositions of every relevant witness — project managers, superintendents, estimators, schedulers, design professionals, and corporate representatives — with a view toward trial exhibits and cross-examination, not just discovery. It means working closely with construction and damages experts to build a defensible quantum analysis. And it means filing motions in limine, Daubert challenges, and motions for directed verdict that protect the record on appeal.

Frequently Asked Questions

When do I need to sue on a mechanic’s lien in Florida?

A Florida construction lien must be enforced by filing suit within one year of recording the Claim of Lien, unless the owner shortens that period by filing a Notice of Contest of Lien (which reduces the deadline to 60 days) or by demanding suit under Fla. Stat. § 713.21(4) (which reduces it to 20 days). Missing these deadlines can extinguish the lien entirely, so the moment you record, the clock is running.

Can I still sue for a construction defect on a project completed 8 years ago?

Possibly. Florida’s statute of limitations for construction defect claims is four years, but the statute of repose (as recently amended) generally cuts off latent defect claims. The analysis depends on when the defect was or should have been discovered, when the project was substantially completed or a certificate of occupancy issued, and whether any tolling doctrines apply. This is a highly fact-dependent question, and a quick consultation can clarify whether a viable claim still exists.

My buyer is refusing to close. Can I force them to go through with the deal?

In commercial real estate, specific performance is often available because each parcel of real property is considered unique. But enforceability depends on whether your contract has clear remedies provisions, whether earnest money is your exclusive remedy, and whether the buyer has a legitimate defense (failed financing contingency, title defects, misrepresentation claims). We analyze these issues immediately and, where appropriate, file a lis pendens to prevent the buyer from walking into a parallel deal.

Who pays attorneys’ fees in a construction dispute?

Most well-drafted construction contracts include a prevailing-party attorneys’ fees clause, and Florida’s construction lien statute (§ 713.29) awards fees to the prevailing party in a lien enforcement action. That cuts both ways: a plaintiff who loses a lien foreclosure may owe the defendant’s fees. We evaluate fee exposure at the outset of every case, because in many construction and real estate matters the fee shift is the single largest driver of settlement leverage.