Breach of Construction Contract

Nonpayment is a breach. How you respond can shape the entire case.

A breach of construction contract occurs when one party fails to perform a contractual obligation. In construction, that may involve nonpayment, defective work, failure to complete, failure to follow change order procedures, delay, improper termination, failure to supply materials, refusal to approve payment applications, or failure to release retainage.

Failure to pay according to the contract is itself a breach. When payment issues arise, a contractor or subcontractor must decide how to respond. In some situations, continuing to perform may strengthen a later claim by avoiding defenses or counterclaims that the work was abandoned. In other situations, continuing work without payment may increase financial exposure. The correct approach depends on the contract terms, including whether there is a right to stop work, and the overall strategy for resolving the dispute.

Breach of contract claims often sit at the center of construction disputes. A contractor may claim it performed the work and was not paid. An owner may claim the work was defective or incomplete. A subcontractor may claim the general contractor failed to pay after receiving payment. A supplier may claim materials were delivered but invoices remain unpaid.

These disputes frequently overlap with Florida Construction Lien Law, Claim of Lien, Payment Bond Claims, Change Orders, Delay Claims, and Chapter 558. In many cases, the lien or bond claim is the payment remedy, while the breach of contract claim explains why payment is owed.

Montesino Law represents clients in Florida construction contract disputes involving unpaid balances, disputed scope, project default, termination, retainage, and contract enforcement.