Ansbacher And Associates is able to assist in all areas of construction law. Barry B. Ansbacher is a board certified real estate law specialist, and a published author on subdivision development. We represent builders and developers in all stages of development, including land acquisition and financing, platting, zoning, covenants, and contracts. Our attorneys practice in Florida and Federal courts, and in arbitration proceedings before the American Arbitration Association. We are title agents for Attorneys’ Title Insurance Fund, and Fidelity National Title Insurance.
We also represent homeowners with contracts and lot purchases, and in dealing with construction defects. Florida law requires contractors to build homes in compliance with Florida Building Code. If a home is not built in accordance with the Florida Building Code, the homeowner has many choices, including a lawsuit for breach of contract, a civil action for violation of the Florida Building Code, and a fraud claim for failure to disclose known latent defects. Complaints can be filed with the Florida Department of Business and Professional Regulation Construction Industry Licensing Board; and there is a Construction Industry Recovery Fund; however, in our experience such complaints rarely prove effective. Contact us if we can help.
Chapter 558 Florida Statutes requires special notices prior to arbitration or filing a lawsuit. The use of an attorney to assure compliance is highly recommended. Review of thisflowchart [156 kb pdf] filewill help explain the requirements.
The requirements for construction depend on the building code adopted when the building permit application for the structure was filed. See Florida Building Code Table of applicable building codes and adoption dates.
| Selecting an Attorney Specializing in Construction Law |
Maybe you have never needed the services of an attorney before; but now you do. Obviously, you want a lawyer who is able to handle your particular legal situation, and who has expertise in the area of law relating to your legal needs.
To assist you in finding such a lawyer, the Supreme Court of Florida directed The Florida Bar to offer a “Board Certification” program for Florida Bar members. The program is designed to help the public make an informed decision when seeking and selecting a lawyer.
While all lawyers are allowed to advertise, only certified attorneys are allowed to identify themselves as “Florida Bar Board Certified” or as a “specialist.” Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.
A lawyer who is a member in good standing of The Florida Bar and who meets the standards set by the Supreme Court of Florida, may become a “Board Certified Construction Lawyer.”
Lawyers certified in construction law deal with matters relating to the design and construction of improvements on private and public projects including, but not limited to, construction dispute resolution, contract negotiation, preparation, award and administration, lobbying in governmental hearings, oversight and document review, construction scheduling analysis and delay claims, lending and insurance, construction licensing, and the analysis and litigation of problems arising out of the Florida Construction Lien Law, section 255.05, Florida Statutes, and the federal Miller Act, 40 U.S.C. _3131-3134.
Every board certified construction lawyer has practiced law on a full-time basis for at least five years and been substantially involved-40 percent or more-in the area of construction law during the three years preceding application.
Each certified lawyer must also have passed peer review, completed 45 hours of continuing legal education within the three years preceding application and passed a written examination demonstrating knowledge, skills and proficiency in the field of construction law to justify the representation of special competence.
Board certification is valid for five years, during which time the attorney must continue to practice law and attend Florida Bar-approved continuing legal education courses. To be recertified, requirements similar to those for initial certification must be met. Not all qualified lawyers are certified, but those who are board certified have taken the extra step to have their competence and experience recognized.
Construction Law certification was approved by the Supreme Court of Florida in 2004.
