Trending Issues in Florida Construction Law: Issues for Attorneys to be Aware of

Fri, Feb 28th, 2025 | by Miles Mediation and Arbitration | Article | Social Share

By Kelly K. James

Given the nature and complexity of construction projects, it’s not surprising that construction law is an ever-evolving amalgamation of federal, state, and local laws, rules, and regulations. Construction cases often include contract law issues, warranty claims, and thorny insurance questions and can include also questions involving environmental and regulatory issues, property law, and personal injury cases. While a residential case might involve less than a hundred thousand dollars in damages, larger, multiparty cases can easily involve tens of millions of dollars in damages and take years to litigate.

What’s happening in Florida construction law now? What trends should Florida construction attorneys be aware of? And how can they better serve the clients they represent? Here’s a closer look at issues Florida construction lawyers should keep in mind in 2025 and beyond.

Understand Current Trends

Currently in Florida, lawyers are seeing an increased focus on design defects and disputes over delayed projects, says construction law mediator and arbitrator Jennifer Grippa, who is based in Jacksonville. The recent hurricanes mean we’re likely to see a slew of first-party insurance claims as well. If you’re representing a homeowner or business owner, “meticulously document the damages, understand policy exclusions, and prepare for challenges related to causation and concurrent perils,” says Grippa. “Consider involving experts early to strengthen your client’s position and be proactive communicating with insurers.”

Identify the Relevant Parties

Many, if not most, construction claims involve multiple parties and ensuring that all relevant parties are named in litigation is essential. “Usually the general contractor (GC) gets sued and then he has to include all the downstream subcontractors,” says Tampa-based mediator and arbitrator Jim Shea, who handles construction cases. “You must figure out who did what and what the scope of work was, and who did or didn’t do anything wrong, identity the subcontractors and figure out their scope of work and what they did and whether they did or did not damage other property other than the subcontractors’ work and the price to fix all that.

“It’s critical to get all the necessary parties to the lawsuit as soon as possible, and to figure out the factual scenarios of who does or doesn’t have the financial capacity — with their own money, or with insurance — to craft a [possible] resolution,” says Shea.

Address Insurance Issues

Many construction cases also involve insurance coverage (or denial of coverage). “We are seeing disputes over coverage denials, project-specific insurance policies, and the application of additional insured endorsements and wrap policies,” says Grippa. “We are also seeing increasing scrutiny over policy language regarding defective work and property damage exclusions.”

“It’s always important to determine whether there’s insurance coverage and to get the insurance company involved in a timely way,” says Shea. “There are a lot of claims made under ‘construction defects’ claims that aren’t covered by insurance. The damage [involved] has to be damage other than your work. If I’m a plumber and I install the plumbing wrong and it leaks and damages the flooring below technically the cost to redo the pipes wouldn’t be covered under that claim but the damage to the flooring and sheetrock would be.”

Consider Mediation

With the backlog of cases in Florida, mediation is an appealing option to resolve construction cases. While cases can be mediated well before trial, you don’t want to mediate too early. “One of the key things is making sure that you have all the parties in the case with sufficient development of the facts to be known by all the parties, so they know what the issues are when they get to mediation,” says Shea. “You must prepare your clients and the opposing parties about your claims and your extent of the claims and the value of the claims and/or defenses, so everyone knows what the risks are at the time of mediation.”

Share Information in Advance

 Plaintiff’s counsel should give defendants plenty of time to review all claims and evidence well ahead of the mediation. “The insurance company needs time to review the claims and determine the settlement authority,” says Shea. If the insurance companies haven’t had time to vet the case, or they haven’t been told, for example, that the case is a million-dollar case, not a hundred-thousand-dollar case, the mediation is likely to stall.

“Whether representing the owner/insured or the carrier/insurer, I always recommend that the attorneys adequately prepare their positions prior to the actual mediation session,” says construction law mediator and arbitrator Bryan Rendzio, who is based in Jacksonville. “For plaintiffs’ attorneys in the first party property (“FPP”) cases, this includes providing the defense with backup documentation, including any actual damage reports and estimates, in advance of mediation (even if under settlement/mediation privilege).

“It is essential in these types of cases that some of the cards are shown before mediation so that the adjusters may have time to evaluate the claims. FPP cases are matters that should be resolved before trial,” Rendzio continues. “However, in order for this to happen, details of the claims being asserted must be shown. Simply going into a mediation with a number without support is a sure-fire way to reach an impasse in an otherwise resolvable case.”

If you will be relying on an expert to support your case, engage that person early, adds Grippa. “Clearly define and prove the calculation of damages well in advance of mediation, and remain flexible to reach creative solutions, especially in multi-party mediations,” she says.

Look to the Future

Whether you represent plaintiffs or defendants (or both), 2025 promises to be a busy time for Florida construction lawyers. ADR options like mediation and arbitration can help you clear some of your cases. “Between the changes in the timeframe for the statue of repose and the new changes effective January 1 for civil procedure timelines, attorneys are going to be under severe pressure to move their cases forward in a timely manner,” says Shea. “Mediation and arbitration can help relieve that.”

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