Resources

5 Red Flags That Could Lead to Construction Litigation in South Florida

Construction in South Florida is booming—but growth brings growing pains. From Fort Lauderdale to Miami, developers and contractors are under pressure to move fast and stay on budget. In that rush, legal trouble can creep in unnoticed. Spotting the early warning signs of potential litigation can save you time, money, and reputation.

1. Vague or One-Sided Contracts

If your contract leaves too much open to interpretation, you’re leaving the door wide open for disputes. Common red flags include missing timelines, undefined deliverables, poorly worded scope of work, and lack of remedies for breaches. One-sided clauses that unfairly benefit one party can also lead to disputes when expectations aren’t met. In South Florida’s fast-paced building environment, even minor ambiguities can lead to million-dollar disagreements.

2. Constant Change Orders Without Documentation

Changes are inevitable in construction—but without a clear paper trail, they’re a recipe for conflict. Verbal approvals, undocumented work modifications, or vague email confirmations don’t hold up in court. If change orders aren’t consistently signed, priced, and approved, you risk billing disputes, accusations of unauthorized work, and project timeline blowback. A proper system for tracking changes can make the difference between a smooth job and a bitter lawsuit.

3. Missed Payment Deadlines

Cash flow is the lifeblood of any construction project. When payments are delayed—or worse, stopped—it jeopardizes your ability to pay suppliers, subcontractors, and workers. One missed invoice can trigger a domino effect: work stoppages, liens, and breach of contract claims. South Florida’s high-cost construction landscape makes timely payment even more critical. Clear payment schedules and quick legal action at the first sign of nonpayment are essential.

4. Subpar Work or Safety Violations

Cutting corners on materials, ignoring inspection protocols, or failing to meet code can result in more than just costly repairs. It can lead to defect litigation, failed inspections, or personal injury lawsuits. In South Florida, where hurricane resistance, flood protection, and strict building codes matter, the margin for error is slim. Using unlicensed labor or failing to document safety compliance opens your project—and business—to major liability.

5. Poor Communication Between Parties

When key stakeholders—developers, general contractors, architects, and subs—aren’t aligned, misunderstandings snowball. Project updates should be documented, expectations clearly communicated, and all parties held accountable for timely reporting. Relying on casual texts or hallway conversations instead of formal progress reports and meeting notes can weaken your position if a dispute arises.

What You Can Do Now

Spot a red flag? Don’t wait. A construction litigation attorney can help you review contracts, establish a documentation process, pursue unpaid funds, and enforce your rights before small issues escalate.

At Conrad & Scherer, we’ve represented builders, developers, and property owners across South Florida in high-stakes construction disputes. We know how to protect your project and your reputation.

If you’re seeing red flags, call us before they turn into lawsuits. Let’s keep your project on track.