- Alternative dispute resolution, arbitration and mediation
- Brokerage issues, broker’s commission disputes
- Construction agreements and bonds
- Construction defects, delays, and design
- Construction lien and bond claims, foreclosure and defense
- Foreclosures
- Investment and development disputes
- Joint venture disputes
- Landlord and commercial tenant eviction
- Purchase and sale agreement disputes
- Quiet title disputes, deed rescissions
- Reducing confrontation with other project participants
- Rising construction costs and market dynamics: new projects’ commercial viability, project planning issues, generational shifts in workforce attitudes
What Usually Happens During a Real Estate or Construction Dispute?
Real estate and construction disputes often begin with questions about title, possession, boundaries, assessments, contract performance, liens, defects, payment, or responsibility for delay and repair. The first stage typically involves reviewing deeds, declarations, surveys, leases, contracts, change orders, payment records, notices, permits, photographs, inspection reports, and project communications. Because property rights and statutory deadlines can be time-sensitive, early preservation and notice analysis are important.
After suit is filed, the defendant may answer, seek dismissal, assert defenses, or bring counterclaims. Discovery may include project files, title materials, association records, expert inspections, depositions, and damages evidence. A party may seek a lis pendens, injunction, lien foreclosure, summary judgment, or another pretrial ruling. Mediation frequently provides an opportunity to resolve allocation of cost, repair scope, possession, or title before trial.
According to the Miami-Dade and Broward disposition figures, approximately 1.1% of disposed matters ultimately reach an actual trial before a judge or jury. Approximately 35% are dismissed before a hearing, 12% are resolved by default, and 48% are decided by a judge before trial. The manner and timing of disposition will vary considerably between title, possession, construction, condominium, and contract cases.
Potential Remedies in Real Estate and Construction Litigation
Depending on the dispute, potential remedies may include:
- Temporary, preliminary, or permanent injunctions affecting possession, construction, transfer, use, or enforcement;
- Compensatory damages for proven repair costs, delay, lost use, diminution in value, or other legally recoverable loss;
- Specific performance, rescission, reformation, declaratory relief, or equitable accounting;
- Quiet-title, ejectment, partition, lien foreclosure, or other property-specific relief;
- Punitive damages when supported by an independent claim and the required evidentiary showing;
- Prejudgment and post-judgment interest, taxable costs, and legally recoverable expenses; and
- Attorney’s fees when authorized by a contract, declaration, statute, rule, or other applicable law.
The proper measure of damages can be highly fact-dependent. For example, construction cases may present questions about reasonable repair cost, betterment, diminution in value, or economic waste.
Practical Mercantile and Property Considerations
A plaintiff should ask how much it will cost to prove title, defect, nonpayment, or contract breach and whether the requested relief will solve the underlying property problem. The value of possession, use, rental income, repair, insurance coverage, lien priority, marketability, and collection all affect strategy.
The defense should ask whether continued litigation is economically justified, whether repair or performance can reduce exposure, and how long an unresolved dispute will impair financing, sale, occupancy, construction, or operations. Preserving project records and arranging an early expert inspection may prevent avoidable evidentiary disputes.
Both sides benefit from comparing litigation expense with practical resolutions such as payment schedules, repair protocols, title curative documents, access agreements, buyouts, partition terms, or narrowly tailored releases.
Frequently Asked Questions
How much will a real estate or construction lawsuit cost?
Cost depends on the opponent’s conduct, the number of parties, document volume, surveys, title work, inspections, engineering or damages experts, emergency relief, and the complexity of the property or project. Early identification of the decisive factual and legal issues can help control expense.
How long will it take?
A default may ordinarily occur within approximately three to four months after proper service. Mediation often occurs within approximately eight to twelve months, and trial may occur around eighteen months after filing. Title defects, multi-party construction discovery, association procedures, inspections, lien deadlines, judicial scheduling, and appeal can change those estimates.
Can the property be protected while the case is pending?
Depending on the facts, a party may seek a lis pendens, injunction, escrow arrangement, access order, or other provisional relief. These remedies have specific requirements and may expose the requesting party to risks if improperly used.