The Barthet Firm - Lawyers to Business

Construction

Those involved in any aspect of construction, from contract to collection, look to us when it comes to their rights and liabilities within the intricacies and statutory time frames of Florida’s mechanic’s lien and construction laws. Having analyzed, negotiated, mediated, arbitrated and litigated contract, lien and bond claims, we have the experience to assist our clients on bid disputes; the applicability of pay when paid provisions; ambiguities between contracts, plans and specifications; warranty issues; and payment hold backs. We have dealt with the impact of partial performance, differing site conditions, job delays and improperly documented change orders and extras.

We understand the significance of properly filed Notices of Commencement, Notices to Owner, Claims of Lien, Sworn Statements of Account and Contractors’ Final Affidavits. Not only have we enforced 713.23 and 255.05 claims, but we have also successfully resisted the imposition of fraudulent liens.

We are litigation counsel to several statewide construction companies, including the state’s largest engineering firm and some of Miami’s and South Florida’s most recognized names in the industry. We have advocated both small and large dollar cases. We are not only invited participants but selected moderators at industry conferences and seminars, and we sponsor a website (www.thelienzone.com) geared exclusively to providing construction executives and design professionals information on current legal developments in this complex area of the law.

It began twelve years earlier when a municipality which had hired our engineering firm client accused it of professional negligence for providing inaccurate estimates. The municipality relied on this information to obtain what turned out to be an unnecessary bond to help finance a road improvement project. As this litigation developed, the firm's lawyers presented arguments before four different judges, conducted two jury trials and handled an intervening appeal. However, a six person jury, having heard the case for seven days, ended our client's ordeal by returning a zero verdict in its favor, a compete victory made even sweeter when the municipality also paid a sizeable amount of our client's legal fees and costs incurred over the course of the litigation.

Pursuing an invitation to work on an off shore luxury hotel, a major subcontractor asked us to review the extensive contract documents and help negotiate more favorable terms on this multi-million dollar opportunity. We linked our client's treatment by the contractor to that of the contractor by the owner, placing our client on a more equitable, if not even, playing field. We then went about working on a joint venture agreement required by our client's need to partner with a local entity supplying the labor.

An owner who had embarked on a ten million dollar renovation of his facility asked us to intervene when he discovered a number of subcontractors and materialmen had liened his property. The general contractor, having been fired for its inability to meet scheduled time frames, had also failed to pay several of its suppliers. A close review of the facts and the recorded liens revealed a number of inconsistencies and technical flaws, allowing us to negotiate significant reductions on certain liens and to set aside other encumbrances through suit.

Not all results are provided, the results are not necessarily representative of results obtained by the firm, and a prospective client’s individual facts and circumstances may differ from the matter in which the results are provided.

CONTACT
200 S. Biscayne Blvd., Suite 1800, Miami, Florida 33131
Phone: 305.347.5290, Fax: 305.377.8695