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.
What does a construction attorney actually do?
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?
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?
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?
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?
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?
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 over 25+ years 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 14 to 24+ months and a high-end renovation often 6 to 14+ 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 |
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.
