top of page

Litigation & Alternative Dispute Resolution 

When you are facing a construction dispute or litigation – whether large or small – it is essential to have experienced legal counsel handling your case. We help our clients confidently approach all phases of their construction projects and resolve disputes in a timely and cost-effective manner. We work to proactively avoid or resolve disputes, frequently using mediation and arbitration, and moving on to litigation only when it is necessary.
Construction Defect Claims

Buildings can suffer from a variety of defects, such as poor design, use of inferior materials, or incorrect handling and installation. Sometimes problems surface while the building is under construction and delay the completion of a building. Other times problems are out of sight — below ground, between walls, or throughout the rafters, and years may pass before visible signs of defects appear. Whether the result of design deficiencies, construction deficiencies, or subsurface deficiencies, building defects can be costly to repair or even cause injury to occupants of the building. If you need to bring a construction defect claim or are being sued for a defect, we can protect your rights and investment while providing support and guidance. We have extensive experience handling construction defect claims including:

  • Building Envelope (roof, windows, doors, and exterior treatments)

  • Water Intrusion (ground water issues, seeping foundations, defective sealants, and leaking roofs, doors, and windows)

  • Grading & Soils

  • Structural (masonry and concrete foundations, steel reinforcement, shear walls, load-bearing walls, and trusses)

  • Designer Liabilities (building code violations, faulty engineering, and inadequate plans, drawings, and specifications)

  • Mold

  • Electrical & Plumbing

Arbitrations & Mediations

During almost every phase of a construction project, any delay can take more than just time. Delays use valuable resources and be extremely costly. Alternative dispute resolution such as arbitration or mediation can offer a more concise, less costly option for clients working on strict budgets and timelines. We work to proactively avoid or resolve disputes and frequently use mediation and arbitration to resolve claims involving defects, cost, design error and project management. Our firm can comprehensively guide you through your options and customize an efficient, expedited solution.

Lien & Bond Claims

Surety bonds almost always are required for public projects. Performance and payment bonds are often issued for private projects. Whether the project is public or private, evaluating, negotiating, pursuing or defending claims on performance and payment bonds often involve complex procedural and substantive legal issues. We have experience with numerous payment and performance bond selection and claims and understand how to properly address and advocate for our clients when it comes to negotiating, defending or prosecuting claims and enforcing or ceasing performance of a project.

Insurance Coverage Disputes

Construction liability can get complicated. Project owners often mandate that their contractors and design professionals carry an array of coverages at multiple levels with specific endorsements. We help our clients identify and select the correct insurance products for their needs and ensure that appropriate insurance levels and parties are named and covered. We also assist clients when the need to submit a claim arises or if they are in the midst of a dispute among carriers. We can navigate the complexities of insurance coverage by evaluating policy declarations related to builder’s risk, commercial general liability, and design professional’s errors and omissions policy.

Delays & Liquidated Damage Claims

Time is money. During the life of a construction project, countless issues may arise that affect work. Weather, labor or material availability, inefficient subcontractors, unforeseen circumstances, and engineering problems can delay the completion of construction work. Delays cause loss of profits, trigger liquidated damages, and cause further delays, creating a snowball effect of issues throughout the project. We strive to protect our clients’ rights early in a project’s life cycle and are acutely aware of the need to minimize damages during a project. When the unexpected occurs, we can advise you and prepare your claims for:

  • Change Orders & Extra Work Claims

  • Scope of Work

  • Changed Conditions Claims

  • Delay, Acceleration, & Disruption Claims

  • Inefficiency Claims

  • Liquidated Damages

Breach of Contract & Warranty Claims

Every construction project will involve at least one contract, but it is more than likely it will involve several contracts and multiple warranties. When a party breaches the terms of a contract or warranty, it has real-world implications. Contract disputes arise in varying circumstances and can include:

  • Failure to use approved subcontractors

  • Failure to follow build specifications (such as blueprints or design choices)

  • Use of materials not approved in the contract

  • Excessive increases in construction, labor, or materials cost

  • Failure to complete the project for the quoted price

  • Poor construction or substantial construction defects

  • Non-performance that amounts to a contract default

When disputes arise concerning contract interpretation, the scope of a warranty or guaranty, and whether work performed meets contract specifications or must be replaced, we can help protect you, to ensure that unnecessary “corrective” work is not required, and to secure proper compensation for work which satisfies contract documents.

Construction Defect Claims
Arbitrations & Mediations
Lien & Bond Claims
Insurance Coverage Disputes
Delays & Liquidated Damage Claims
Breach of Contract & Warranty Claims


We offer free consultations. No office visit required.

Thanks for submitting!


2950 Halycon Lane 
Suite 707
Jacksonville, FL 32223


F 904-435-0880

To apply for a job with Whelan Construction Law, P.A., please send a cover letter together with your C.V. to:

bottom of page