Outside Legal Counsel for Contractors in Miami-Dade

Outside legal counsel for contractors is a business lawyer who advises your company on contracts, crews, leases, and owners over time. You can call on that lawyer for routine questions and for disputes, not only when a lawsuit is already coming. KEW Legal works with business owners and investors in Miami-Dade and South Florida, from offices in Coral Gables and Sunny Isles Beach.

What Outside General Counsel Means for a Contracting Business

Outside general counsel is a lawyer who handles a company’s legal questions on an ongoing basis. The work covers everyday questions, not just emergencies.

Many contractors call a lawyer only after a payment stops or a subcontractor leaves a job. By then, the contract terms are set and the choices are narrower. Ongoing counsel means someone already knows your agreements, your crews, and your owners when a problem starts.

This model fits general contractors, subcontractors, and trade contractors who run several jobs at once. It also fits companies with multiple owners, field crews, yards, or shop space.

Ongoing counsel can review a subcontract before you sign. It can look at a lease before renewal and flag owner-agreement gaps before a partner wants out. Problems are usually easier to fix before they start. If you want a lawyer who knows your business before the next dispute, reach out to talk it through.

Subcontract and Vendor Contract Disputes

Most subcontract and vendor disputes turn on what the signed paper says about scope, changes, payment, and notice. The firm’s work in this area includes:

• Drafting and reviewing subcontracts, purchase orders, and vendor agreements.
• Change-order terms, so extra work gets approved in writing before it’s done.
• Payment terms, back charges, and withholding.
• Termination and notice language.
• Demand letters and negotiated resolution before any court filing.

Some clauses are worth fixing before you sign. A dispute resolution clause sets how a fight gets handled. Florida law generally enforces a written agreement to arbitrate, unless a ground exists to revoke a contract (Fla. Stat. § 682.02).

A verbal deal can still be a contract. Florida applies the basic rules of contract to oral agreements too: offer, acceptance, consideration, and essential terms (St. Joe Corp. v. McIver). The real problem is proof. Written terms make a payment claim easier to explain.

Florida also sets filing deadlines for contract claims. Waiting too long can cost you the claim. Bring your subcontract and payment records to the firm for review.

Employment and Crew Issues for Employers

Florida is an employment-at-will state. That means either side can usually end the job at any time, for any reason.

A company handbook is not automatically a contract. Florida courts hold that handbook policies create no contract rights unless the manual says it is a separate employment contract (Quaker Oats Co. v. Jewell). Write your policies with that in mind.

Common crew issues the firm can address include:

• Offer letters and job terms.
• Whether a field worker is an employee or an independent contractor.
• Written policies for job-site conduct and safety.
• Documenting attendance and performance before a termination.

If a crew or staffing question is pressing, contact the firm about your situation.

Commercial Leases, Yards, and Commercial Evictions

For rented premises other than a dwelling unit, Florida law provides that the landlord shall recover possession of rented premises only in the situations set out in Fla. Stat. § 83.05. The landlord can file a court action that decides the right to possession. The tenant can surrender the space. Or the tenant can abandon it (Fla. Stat. § 83.05).

This matters most for owners who live outside Florida or abroad. The firm can explain the notices and steps that apply to a commercial eviction.

If a tenant refuses to give up possession at the end of the lease, Florida law lets the landlord demand double the monthly rent (Fla. Stat. § 83.06).

A lease review should look at:

• The term and renewal dates.
• Rent increases and how they work.
• Assignment and subletting rights.
• Default and cure terms.
• Relocation or early-exit options.

A lease that needs review before renewal is a good reason to reach out now.

Owner Disputes, Buying, Selling, and Succession

Your written operating or partnership agreement usually decides an owner dispute first.

For an LLC, the operating agreement governs relations among members and between members and the company, unless the statute provides otherwise (Fla. Stat. § 605.0105). For a partnership, the partnership agreement governs relations among partners. For an LLC, each manager of a manager-managed company and member of a member-managed company owes fiduciary duties of loyalty and care to the company and its members, and must discharge duties and exercise rights consistently with good faith and fair dealing (Fla. Stat. § 605.04091).

Owner terms to review include capital contributions, decision-making rules, buy-sell terms, and exit terms. Buying or selling a contracting business raises its own questions:

• Purchase agreement terms and price adjustments.
• Whether the deal is an asset sale or a stock or membership sale.
• Transition terms for crews, customers, and contracts.

Succession planning for a family-owned contractor covers ownership transfer. It also covers keeping the company’s contracts and licenses in place. Owner terms are easier to set before a partner leaves than after.

How the Engagement Works

The engagement starts with a free first consultation. Then the firm reviews your documents and builds a plan with you.

1. Free first consultation. The first consultation is free, confidential, and carries no obligation to continue.
2. Document review. The firm reviews the contracts, change orders, leases, or agreements that control the issue. It also flags deadlines and notice requirements.
3. Options. You get the paths available, such as negotiation, a demand letter, or litigation, and what each would involve.
4. Ongoing or matter-specific work. You choose ongoing counsel or work on one matter. Roles are spelled out in writing.

Timelines depend on the facts of each matter and on how the other side responds. If a matter falls outside these practice areas, the firm may refer it to another lawyer or firm. To begin, use the contact page.

Why Contractors Work With KEW Legal

KEW Legal focuses on business law for owners and investors. That covers the contract, lease, employment, and owner matters described on this page.

Kristina E. Wilson is the lawyer responsible for this page. Natalie Martinez is also one of the firm’s lawyers. The firm’s lawyers handle business contract, employment, lease, and owner matters.

• Offices in Coral Gables and Sunny Isles Beach.
• Serves owners in Miami-Dade, Broward County, Aventura, Doral, Brickell, and Fort Lauderdale.
• An ongoing-counsel approach that starts with your contracts and your people.
• Lawsuits when they’re needed, with other steps tried first.

Questions Contractors Ask Before Hiring Outside Counsel

Most contractors ask about suing over unpaid work, when they need a lawyer, and what to bring.

Talk to KEW Legal About Your Contracts and Crew Issues

If an unpaid subcontract balance, a lease renewal, or a crew dispute has your jobs on hold, don’t wait for the problem to grow. Call KEW Legal at 305-990-2300 or send a message through the contact page. The firm will review your documents and the facts with you at the first consultation. The firm’s offices are in Coral Gables and Sunny Isles Beach.