A construction attorney earns the fee before anything goes wrong. The work that saves the most money is contract drafting and review, alignment of the design and construction agreements, and title and site diligence, all of it done in the weeks before signature rather than in the year after a dispute.
Key takeaways
- What does a construction attorney actually do?
A construction attorney on a South Florida luxury home reviews and negotiates the agreements, allocates risk, checks lien and payment procedure, aligns the design and construction contracts, advises on notices and deadlines, and represents the owner if a claim arises. - When is the highest-leverage moment?
The highest-leverage moment is before the construction contract is signed. Payment terms, change order method, schedule consequences, warranty durations, insurance requirements, termination, and the dispute forum are all negotiable then and effectively fixed afterwards. - What about the land itself?
Title exceptions, easements, setbacks, restrictive covenants, riparian and submerged land questions, and any association approval requirement all sit under a construction attorney's review before a teardown or waterfront purchase closes. - Why align the design agreement?
Align the design agreement because the architect's agreement, the engineers' agreements, and the construction contract are usually written separately and can conflict on responsibility, ownership of documents, insurance, and dispute forum.
What does a construction attorney actually do?
A construction attorney on a South Florida luxury home reviews and negotiates the agreements, allocates risk, checks lien and payment procedure, aligns the design and construction contracts, advises on notices and deadlines, and represents the owner if a claim arises. A construction attorney is a document specialist first and a litigator second.
The document set under review is described in construction contracts for high end residential work.
When is the highest-leverage moment?
The highest-leverage moment is before the construction contract is signed. Payment terms, change order method, schedule consequences, warranty durations, insurance requirements, termination, and the dispute forum are all negotiable then and effectively fixed afterwards. Every other moment to engage a construction attorney is worth less than this one.
The negotiation a construction attorney supports is set out in negotiating stronger contractor agreements.
What about the land itself?
Title exceptions, easements, setbacks, restrictive covenants, riparian and submerged land questions, and any association approval requirement all sit under a construction attorney’s review before a teardown or waterfront purchase closes. A parcel that cannot carry the intended house is an expensive discovery after closing.
The build-versus-renovate analysis is covered in a feasibility study for luxury home builds, and association review in working with HOAs and architectural review boards.
Why align the design agreement?
Align the design agreement because the architect’s agreement, the engineers’ agreements, and the construction contract are usually written separately and can conflict on responsibility, ownership of documents, insurance, and dispute forum. Aligning them is a short piece of work with a very long payoff.
The working relationship a construction attorney aligns is described in managing architect, engineer, and contractor relationships.
When does a payment or lien issue need counsel?
A payment or lien issue needs counsel immediately: Florida construction lien procedure runs on notices and deadlines, and the response to a preliminary notice or a recorded lien is time-sensitive. This is the one moment where waiting to see whether it resolves itself reliably makes the position worse.
The statutory framework is Chapter 713 of the Florida Statutes, and payment controls are covered in escrow milestone payments.
What about defects and warranty claims?
Florida has a statutory pre-suit notice and opportunity to repair procedure for construction defect claims, along with limitation and repose periods. A construction attorney will confirm which apply, preserve the claim, and manage the notice sequence before positions harden.
The procedure sits in Chapter 558 of the Florida Statutes, and the cover itself in warranties and guarantees.
How do you choose one?
Florida construction practice specifically, residential experience at this value level, familiarity with lien procedure and coastal permitting, a clear fee arrangement, and availability for short reviews rather than only for litigation. General commercial counsel is not a substitute.
Construction attorney referral is available through The Florida Bar.
How does counsel work alongside the builder?
Alongside the builder, counsel reviews enforceability, risk allocation, and procedure. The builder confirms the exhibits describe a buildable house at the intended standard. Owners get the best result when a construction attorney and an experienced builder read the same draft for different things.
The parallel oversight role is described in owners representation for luxury homes.
How does Kass Construction & Development fit that?
Kass Construction & Development fits that unusually well. Kass Construction & Development is a state-licensed (CGC1529472) boutique luxury builder in East Fort Lauderdale led by Mitch Kass, a licensed general contractor and attorney, with 100+ luxury residences delivered by Mitchell Kass and the firms he has led across Broward, Palm Beach, and Miami-Dade, so the construction documents are read fluently from the building side while your own construction attorney advises you on the law.
A custom build often runs 18 to 36 months and a high-end renovation often 6 to 12 months. Contact Kass Construction & Development or call 954-607-4335.
| Moment | What counsel does | Cost of skipping it |
|---|---|---|
| Before contract signature | Negotiates payment, change, schedule, warranty, and forum | Terms fixed for the life of the project |
| Land or teardown purchase | Title, easements, covenants, and riparian questions | A parcel that cannot carry the house |
| Design agreement review | Aligns responsibility, documents, insurance, and forum | Two proceedings for one defect |
| Lien or payment notice | Responds within the statutory deadlines | Loss of position on a time-sensitive claim |
| Change order dispute | A short letter early, on the contract procedure | A claim later at many times the cost |
| Defect or warranty claim | Preserves the claim and manages pre-suit notice | A time-barred claim |
At which moments does a construction attorney add the most value?
A construction attorney is used at a handful of moments in a South Florida luxury build, and the table below sets out each moment, what the attorney does there and what it prevents.
| Moment | What the attorney does | What it prevents |
|---|---|---|
| Land purchase | Title, easements, riparian rights, submerged land issues, association covenants, survey review | Buying a lot that cannot support the home |
| Ownership structure | Entity formation with tax counsel, signing authority, powers of attorney for remote owners | Contracts in the wrong name; authority gaps |
| Design agreement | Scope, deliverables, ownership of drawings, construction administration, alignment with the construction contract | Gaps between architect and builder responsibilities |
| Construction contract | Drafting or review of the body and exhibits, change, payment, warranty, termination and dispute clauses | The vague clauses that cost the most |
| Lien and payment matters | Notice of Commencement, Notices to Owner, release forms, disputed draws | Liens on the property; double payment |
| Change and delay disputes | Advice on entitlement and the contract method before positions harden | Escalation of small disagreements |
| Builder distress or default | Notice, cure, termination, takeover of subcontracts, bond and insurance claims | Loss of time and money in the first week |
| Defects and warranty claims | Statutory pre-suit notice process, expert engagement, negotiation | Claims made in the wrong form or out of time |
| Close-out | Final releases, contractor’s final affidavit, warranty package review | Post-occupancy exposure |
Construction attorneys can be found and their certification checked through The Florida Bar; the statutes most often involved are Chapter 489 (licensing), Chapter 713 (liens) and Chapter 558 (construction defects). The contract work in the fourth row is described in construction contracts for high-end residential builds.
How should an owner choose a construction attorney?
A construction attorney is chosen for construction experience rather than for general reputation, and the questions below identify one who will earn the fee before anything goes wrong.
- Is construction law the attorney’s principal practice, with residential luxury projects among recent matters?
- Has the attorney drafted and negotiated owner-side agreements, or mainly represented builders and subcontractors? Both are useful; the owner should know which.
- Is the attorney familiar with the standard forms and their Florida modifications, as discussed in AIA residential contracts vs custom agreements?
- Does the attorney handle lien law routinely, including Notices of Commencement, releases and lien defense?
- Has the attorney handled construction defect claims under the statutory process, and does the firm have relationships with the engineers used as experts?
- Will the attorney work alongside the owner’s representative and the builder without turning the project adversarial? See managing architect, engineer and contractor relationships.
- What is the fee basis for contract work versus dispute work, and what does a contract review typically cost?
- Can the attorney coordinate with tax and estate counsel where the owner is international or holding through an entity?
How does a construction attorney work alongside the builder and the owner’s representative?
A construction attorney is most useful in the background on a well-run project, and the division of labor below is what keeps the three roles complementary rather than competing.
- The attorney drafts and reviews; the owner’s representative verifies and reports; the builder builds. None substitutes for another.
- Contract negotiation is led by the owner with the representative’s input on practical clauses and the attorney’s on legal ones, per negotiating stronger contractor agreements.
- Lien releases, Notices of Commencement and final affidavits are handled by the attorney or under the attorney’s forms, and collected by the representative with each draw; see escrow and milestone payments.
- Disagreements are raised at the weekly meeting first and reach the attorney only when the contract method has failed to resolve them.
- Feasibility and title work happen with the attorney before the land closes, per feasibility studies for luxury home builds, and association covenants are reviewed before design, per HOAs and architectural review boards in South Florida.
- Warranty claims after occupancy follow the package and process in warranties and guarantees for luxury homeowners, with counsel engaged only if the process stalls.
- Independent oversight through the build reduces the attorney’s dispute work to nearly nothing; see owner’s representation for luxury homes.
Kass Construction & Development welcomes owner-side counsel on projects across Broward, Palm Beach and Miami-Dade, provides its agreement and exhibits in a form that counsel can review efficiently, and prefers a contract that has been read carefully on both sides.
Frequently Asked Questions
Do I need a lawyer to build a custom home?
Not legally, but on a high value project contract review is inexpensive relative to the sums at risk, and it is the single highest-return professional fee in the process.
When should I engage one?
Before the construction contract is signed, and before closing on land intended for a teardown or waterfront build.
Is a real estate attorney enough?
For the purchase, often. Construction contracts, lien procedure, and defect claims are a distinct specialty and usually need construction counsel.
How are fees usually charged?
Hourly for review and advice, sometimes a fixed fee for a defined contract review, and separately for any dispute work. Agree the basis in writing.
What documents should counsel see?
The construction contract with all exhibits, the design and engineering agreements, the survey and title commitment, and any association or permit conditions.
Can counsel help during construction?
Yes, most usefully on notices, change order disputes, and payment issues, where a short letter early is far cheaper than a claim later.
What if a dispute has already started?
Preserve the record, check the notice requirements and deadlines in the contract and the statute, and take advice before responding in writing.
