Construction Litigation in Miami: Understanding Your Rights and Obligations

In construction litigation, both parties have not only legal rights but also legal obligations. While fully exercising litigants’ legal rights can be essential for achieving a favorable result, observing litigants’ legal obligations can be equally important. Misjudgments and oversights—both in and out of court—can prove incredibly costly, and this is one of many reasons why it is essential to work closely with an experienced Miami civil litigation attorney throughout the construction litigation process.

Companies have numerous rights and obligations in all types of civil litigation. Different rights and obligations apply at different stages of the process, and leveraging all available opportunities while also maintaining strict compliance with all substantive and procedural requirements requires an informed, strategic, and detail-oriented approach. With this in mind, here is a brief introduction to some of the key rights and obligations that apply in litigation involving construction-related disputes:

Companies’ Rights in Construction Litigation

1. The Right to Pursue All Viable Claims

Companies that need to pursue litigation in construction-related disputes have the right to pursue all viable claims. Even if a single contract breach (or other issue) is the impetus for pursuing litigation, if other grounds to pursue legal or equitable remedies exist, a company is well within its rights to assert all of these grounds in court. When we represent clients who are considering legal action, we help them evaluate all potential claims in order to maximize their leverage and protect their interests by all means available.

2. The Right to Pursue All Viable Counterclaims, Cross Claims and Third-Party Claims

When facing claims in construction litigation, defendants have the right to pursue all viable counterclaims, cross-claims, and third-party claims they have available. Counterclaims are asserted against plaintiffs, cross-claims are asserted against co-defendants, and third parties are asserted against entities or individuals that are not currently parties to the litigation. All three types of claims can have strategic advantages—and asserting these claims can significantly change the posture of high-stakes construction litigation.

3. The Right to Assert All Viable Defenses

All parties facing claims in construction litigation have the right to assert all viable defenses. Construction litigation in Miami is often extremely high-stakes, so presenting a comprehensive and cohesive defense strategy is paramount. From disputing the plaintiff’s version of the facts to exposing technical and procedural issues with plaintiffs’ court filings, there are numerous potential defenses available.

4. The Right to Take Discovery

Discovery is a critical part of construction litigation, and all parties have the right to use the discovery process to gather as much information and evidence as possible. Not only do parties have the right to take discovery, but when counterparties fail to comply with their discovery requests, they have the right to seek enforcement (and potentially other remedies) in court.

5. The Right to Seek a Pre-Trial Resolution In (or Out) of Court

While some construction-related disputes may be destined for trial, all parties involved have the right to seek a pre-trial resolution—whether in or out of court. Parties to construction litigation can seek to open settlement negotiations at any time, and if they have grounds to do so, they can file motions to dismiss or motions for summary judgment that seek to resolve the litigation without a trial.

Companies’ Obligations in Construction Litigation

1. The Obligation to Comply with All Applicable Contract Terms

When initiating litigation in relation to a construction dispute, companies have an obligation to comply with all applicable contract terms. This includes not only terms regarding governing law, jurisdiction, and venue but also terms regarding mandatory alternative dispute resolution (ADR). If mediation or arbitration is required, then filing a lawsuit may not be an option—at least not right away.

2. The Obligation to Comply with All Pleading and Filing Requirements

When filing (or defending against) a lawsuit in court, parties must comply with all applicable pleading and filing requirements. These requirements vary not only between the state and federal levels but also between specific jurisdictions. Failure to strictly comply with pleading and filing requirements can not only frustrate the judge but, in some cases, it can also serve as grounds for a motion to dismiss.

3. The Obligation to Respond to Discovery Requests in Good Faith

While parties to construction litigation have the right to take discovery, they also have the obligation to respond to discovery requests in good faith. This does not necessarily mean that parties must provide all of the information their counterparties request. But, it does mean that they must only assert privileges and objections when they have legitimate grounds to do so.

4. The Obligation to Only Present Truthful Statements and Information

In pleadings, in motions, and in court, parties have an obligation to only present truthful statements and information. Making false or misleading representations can have serious negative consequences. Judges have the ability to impose severe sanctions on parties that misrepresent the facts, and these sanctions can be devastating to a party’s claims or defenses.

5. The Obligation to Only Present Good-Faith Arguments Based in the Law

Parties to construction litigation also have an obligation to present only good-faith arguments based on the law. While parties (and their counsel) can assert novel legal theories in appropriate cases, this requires a careful approach that is still rooted in the fundamental principles of jurisprudence. Attempting to assert arguments that have no basis in the law can have serious negative consequences as well.

Again, these lists are far from exhaustive. If your company is facing a construction-related dispute, our team can explain everything you need to know. We represent property owners, developers, contractors, firms and other parties in all types of complex construction litigation in Miami and beyond.

Schedule a Confidential Consultation with a Miami Civil Litigation Attorney at Gonzalez Law Offices, P.A.

Do you need to know more about your company’s rights and obligations in relation to a construction dispute in South Florida? If so, we invite you to get in touch. To schedule a confidential consultation with a Miami civil litigation attorney at Gonzalez Law Offices, P.A., please call 305-676-6677 or inquire online today.