Protecting Your Interests

Malpractice claims are not only for medical, financial or legal professionals. Architects, engineers, surveyors, and other construction professionals commonly face malpractice claims in Florida too. These can be couched as negligence claims or breach of contract claims, but the essence is similar: being blamed for not meeting the required standard of care, whether that standard is established by the contract or the legal requirements of your profession. While professional mistakes can and do happen, many claims are unfair, unjustified or frivolous. Regardless of the reason, a malpractice claim has the potential to seriously impact the business and hard-earned reputation of construction professionals and needs to be defended vigorously.

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Professional Negligence

Negligence occurs when a professional fails to perform their duties according to industry standards, resulting in harm or safety hazards.

Breach of Contract

A breach happens when construction does not follow the contractual obligations, plans, or specifications.

Breach of Warranty

Claims arise when a defect discovered after project completion is not repaired according to the warranty terms.

Common Questions

Don't let malpractice claims disrupt your career. Discover how our legal experts can provide effective and efficient solutions.

Professional construction negligence

Professional negligence is when a construction professional fails to perform their responsibilities according to the standards specified within the contract or their profession.

Negligence claims are particularly common if the actions of a construction contractor, subontractor or other professional resulted in a safety hazard for the property owner or building occupants.

The plaintiff must prove that the defendant failed to exercise reasonable care, workmanship, and professional skill, which resulted in the construction work, design, or construction administration not meeting industry standards.
Breach of construction contract

If the construction of a building fails to follow the obligations, plans, specifications, and requirements set forth by the construction contract, the construction professionals involved may be held in breach of contract.
Breach of construction warranty

With a breach of a warranty claim, the plaintiff claims that a construction defect that was discovered after the end of the project was due to the defendant’s failure to uphold the warranty on the property.

Limited-time warranties are common on construction projects. If a defect is found within this time and not repaired according to the warranty, the original owner or subsequent owner may be able to file a claim.

What is construction negligence for architects and engineers?

Construction negligence is one of the most common types of malpractice lawsuits faced by construction professionals in Florida. We often represent architects and engineers in such cases.

According to Florida law, negligence is a failure to act with reasonable care. All specialized work on the project should be conducted with the skill required for it to result in safe and lasting work.

For instance, architects or engineers could be accused of negligence if they designed or approved the design of a structure that failed to comply with building codes, safety regulations or other requirements.

In other words, if they fail to meet a duty of care to ensure that the building is safe for the occupants.

Construction defect claims are also common lawsuits against contractors and subcontractors and substandard materials could be grounds for a negligence case against a supplier.

Malpractice claims can get complex and it is generally advisable to discuss your situation with a construction malpractice attorney before taking any action if you are accused of negligence.
Why is Good Faith Important?

Acting in good faith ensures that actions are lawful and fair. Bad faith actions, such as avoiding payments or unfairly reallocating work, can lead to legal challenges and costly outcomes.
What are the Common Defenses?

Common defenses include proving that the professional acted with reasonable care, the plaintiff's claims are unfounded, or the issues were resolved according to industry standards.

A defense lawyer has the expertise to navigate complex malpractice claims, ensuring that professionals are protected and disputes are resolved efficiently.