Top 3 Legal Disputes in the Construction Industry
Today’s construction project involves many complex aspects and numerous participants. As a result, disputes often arise. Below we discuss the three disputes that you are most likely to encounter and provide information that may help you avoid costly pitfalls.
- Contract Disputes
Because construction projects involve multiple contracts between various trades, stake holders, and professionals, a construction contract, whose terms are ambiguous or silent on a given issue, is ripe for dispute. Most commonly, disputes arise when one party is perceived as not performing the work required by the contract, a breach of contract, or when unexpected work arises, raising the cost of construction.
Because a skilled attorney can assist you in drafting a contract that minimizes or even eliminates terms that can result in disputes, it is always advisable to work with an attorney to draft a contract that will protect you and your company and interests. If a contract is less than perfect and a dispute arises, on the other hand, you will need an experienced attorney who can assist you in obtaining a favorable resolution or fair and full compensation.
- Defects in Construction
Construction defects, which are material deficiencies, can take many forms, including failure to construct to specification, to perform work in a workmanlike manner, to adhere to industry standards, or to use correct materials. Experienced construction teams know that it is important to document progress as work is performed to ensure code compliance as well as proper contractual and industry standards. Documentation includes logs, photographs, and written correspondence, all of which should note the date, specific location, and other information that can later be used to assist in identifying the record’s significance.
Because a knowledgeable attorney can assist you in designing the correct approach to documentation of progress, it is always advisable to consult with an attorney when there is the possibility that defects in construction might give rise to a dispute. If a dispute does arise, a talented attorney can assist you in protecting your interests by working to identify the correct party whose work is at fault and the relevant documentation.
- Negligent Design
A successful project starts with the right design. Improper design can lead to construction delays, heightened costs, and even personal injury or death. Due to the specialized nature of design defect disputes, the right experts are often needed to provide guidance on applicable design standards.
Because a skilled attorney can assist you in crafting the winning strategy in a design dispute, including what expert is needed, you should consult with an attorney when design is called into question. If the design was negligently made, a knowledgeable attorney can assist you in navigating the complicated dispute process and help you obtain fair and full compensation or a different favorable resolution.
Working with the right attorney before and throughout your project can help you avoid expensive disputes or litigation. If you need assistance, our firm provides legal services for all phases of a project, including contract drafting, guidance on documentation of progress during construction, resolution of issues, and zealous representation during informal dispute resolution as well as during litigation. If you would like to discuss your specific legal needs, please contact us to schedule a no-obligation consultation.
This article is offered for informational purposes only and is not intended as legal advice.