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Construction & Real Estate Disputes in Today’s South Florida Market

South Florida continues to see expansive building and redevelopment—from luxury high-rises in Miami to mixed-use developments in Fort Lauderdale and Broward County. With that growth comes a rising tide of disputes in the construction and real estate sectors. Whether you’re a developer, contractor, property owner, or investor, understanding today’s unique triggers for litigation can help you avoid costly conflicts and safeguard your project.

At Conrad & Scherer, we’re seeing firsthand how new construction norms, regulatory changes, escalating costs, and evolving market dynamics are creating fresh fault lines for disputes across South Florida. Below are three major areas where problems most often arise—and what you can do to stay ahead.

1. Surging Costs, Workforce Shifts, and Contractual Strain

The cost of materials, labor, and regulation continues to climb in South Florida. Developers and contractors are facing inflation, labor shortages, and heightened regulatory demands. These factors put pressure on project timelines and budgets and often lead to disputes when contracts don’t adapt.

For example, if project scope expands because of energy-efficiency requirements or climate-resilience upgrades, contractors may demand more compensation while owners may resist. When labor becomes harder to secure—especially in hot markets like Miami and Fort Lauderdale—the risk of delay and associated liability rises.

Turning to contract structure: if your agreement rigidly defines price and timeframe but doesn’t account for real-world volatility, you may face conflict when conditions shift. A strong contract anticipates change, allocates risk clearly, and includes procedures for managing scope, pricing, and timeline adjustments.

2. Rising Real Estate Complexity and Regulatory Exposure

In South Florida’s high-stakes market, real estate development involves more than just construction—it includes financing layers, zoning complexity, condo conversions, foreign investment, and aggressive regulatory enforcement. These layers often trigger disputes.

Florida has seen a rise in litigation around condo terminations and building safety compliance. Property owners and developers in areas like Fort Lauderdale Beach or downtown Miami may face delays, challenges to entitlements, or even lawsuits over underperformance or structural issues.

In practice:

• Developers may face claims if anticipated zoning approvals fall through.

• Condo associations may sue over construction defects or building code violations.

• Investors may litigate when property values don’t meet expectations or when promised amenities aren’t delivered.

With so many South Florida properties involving international buyers, joint ventures, or multi-use parcels, these disputes are more complex and frequently involve cross-border enforcement.

3. Dispute Hot Spots: Design Defects, Scope Disagreements, and Delay Claims

Several recurring categories are fueling litigation throughout South Florida in 2025:

Design defects: When structures fail to meet performance, safety, or aesthetic expectations, owners may pursue claims against architects, engineers, or contractors.
Scope disagreements: As projects evolve, so do expectations. Contractors may argue certain work wasn’t part of the original scope. Owners may claim it’s already covered. These disagreements are particularly common in fast-tracked developments.
Delay claims: When projects fall behind, owners may claim damages while contractors counter with disruption or acceleration claims. In dense markets like Brickell, Wynwood, or Las Olas, delays can compound into regulatory and financial penalties.

Without clear documentation and contractual terms, these issues can quickly spiral into prolonged litigation.

Best Practices to Avoid or Mitigate Disputes

If you’re active in the South Florida construction or development space, here’s how to reduce legal risk:

• Draft clear, detailed contracts that define scope, schedule, payment terms, and dispute resolution processes.

• Include mechanisms for change orders, cost escalation, and timeline extensions.

• Document every step of the project, especially communications and approvals.

• Stay current with local zoning, permitting, and building safety requirements.

• Engage experienced legal counsel early—ideally before contracts are signed or permits are submitted.

Why This Matters in Fort Lauderdale, Miami, and South Florida

South Florida ranks among the top U.S. markets for construction investment, especially in coastal and urban corridors. The mix of aggressive growth, regulatory scrutiny, and climate-related development concerns makes the region particularly litigation-prone.

At Conrad & Scherer, we’ve built a reputation for successfully handling complex construction and real estate disputes throughout Broward, Miami-Dade, and Palm Beach counties. Our litigation team understands the nuances of the South Florida market and the unique challenges facing today’s property developers, contractors, and commercial stakeholders.

Take Action Now

Whether you’re starting a development, renegotiating a contract, or facing a dispute, the right legal strategy makes all the difference. Conrad & Scherer offers strategic counsel and aggressive representation tailored to the complexities of Florida construction law.

Contact our Fort Lauderdale office to schedule a consultation and get ahead of the risk.