Construction disputes often arrive at a bad time: a roof leaks after a storm, a contractor stops showing up, a subcontractor has not been paid, or a lien appears on a property that is about to be sold or refinanced. The Law Office of Brantley Oakey has represented clients in Florida since 2012 and handles construction and contractor disputes in Naples and Collier County for property owners, associations, contractors, subcontractors, and suppliers.
Call 239-963-2897 to talk through the project, the contract, and the options that may be available.
Construction matters we handle
- Construction defect claims: roofing, windows, water intrusion, stucco, structural, and other workmanship problems, for owners and associations making a claim and for contractors responding to one.
- Payment disputes: unpaid contract balances, change orders, retainage, and back-charges.
- Construction liens: recording, contesting, bonding off, and enforcing liens under Chapter 713.
- Delays, abandonment, and termination of a contract before the work is finished.
- Contract review before a project starts. See commercial contract review before you sign.
Construction claims are often one part of a larger business conflict. Our business and commercial litigation page gives an overview of how these cases fit with contract, collection, and partnership disputes.
Florida rules that shape construction disputes
Chapter 558 notice before a defect lawsuit
Before filing a lawsuit or arbitration over an alleged construction defect, a claimant generally must serve a written notice of claim on the contractor, subcontractor, supplier, or design professional. Under section 558.004(1), the notice must be served at least 60 days before filing, or at least 120 days before filing for an association representing more than 20 parcels, and must describe the alleged defects in reasonable detail. The person served then has a chance to inspect. Under section 558.004(5), a written response is generally due within 45 days, or 75 days for an association representing more than 20 parcels. The response may offer to repair, offer to pay, offer a combination, dispute the claim, or state that an insurer will respond. For contractors, the response deserves the same care as the claim.
Time limits for construction claims
Section 95.11(3)(b) generally allows 4 years for an action founded on the design, planning, or construction of an improvement to real property. Time usually runs from the earliest of a temporary certificate of occupancy, a certificate of occupancy, a certificate of completion, or abandonment of construction. For latent defects, it runs from when the defect was or should have been discovered, but most claims must be brought within 7 years. An action on a written contract generally has a 5-year limit under section 95.11(2)(b), and contracts can set their own notice and dispute-resolution requirements.
Construction liens and payment
Contractors, subcontractors, and suppliers who are not paid may have lien rights under Chapter 713. Deadlines start early:
- Notice of commencement. Under section 713.13, the owner generally must record a notice of commencement before work begins on most projects.
- Notice to owner. Under section 713.06(2)(a), most lienors who are not in privity with the owner must serve a notice to owner before starting or within 45 days after starting to furnish labor, services, or materials.
- Claim of lien. Under section 713.08(5), a claim of lien generally must be recorded no later than 90 days after the claimant’s final furnishing.
- Enforcement. Under section 713.22(1), a lien generally lasts 1 year after recording unless an action to enforce it is started. Under section 713.22(2), an owner can shorten that time by recording a notice of contest of lien, which limits the lienor to 60 days from service of the notice to file suit.
- Attorney fees. Under section 713.29, the prevailing party in an action to enforce a lien is entitled to a reasonable attorney fee.
Owners who receive a lien and contractors who need to file one both face short deadlines, and a missed step earlier in the project can affect the outcome.
Licensing
Under section 489.128, a contract entered into by an unlicensed contractor is generally unenforceable by that contractor. Licensing questions can change the leverage in a payment dispute, so they are worth checking early.
How we approach a construction dispute
- Review the documents: the contract, plans, change orders, invoices, payment applications, lien notices, permits, inspection reports, photographs, and emails.
- Map the deadlines: Chapter 558 notice and response periods, lien dates, and limitations periods.
- Get the facts on the work itself, often with an independent contractor or engineer.
- Look for a resolution through the Chapter 558 process, negotiation, or mediation.
- Represent you in court or arbitration when necessary, acting as your counsel in state court or, if the contract requires it, in arbitration.
Community associations with common-element defects can also see our Naples HOA and condo association page.
Talk with a Naples construction dispute attorney
If you have a construction defect, an unpaid balance, or a lien, call the Law Office of Brantley Oakey at 239-963-2897 or use the contact page. The office is at 780 5th Ave S, Ste 200, Naples, FL 34102, and is open Monday through Thursday, 9 a.m. to 5 p.m.
This page is general information only, not legal advice. Reading it does not create an attorney-client relationship. Statute references are to the 2026 Florida Statutes and may change.