Construction projects can often result in disputes that must be resolved through litigation. A contractor lawyer may be needed to assist when this happens. Conflicts can occur due to numerous factors, including weather, labor shortages and poor-quality work. Regardless of the reason, any lawsuit must be based on solid evidence.
Many construction projects are planned to be finished in a specific time. But, despite meticulous planning, delays can occur. These delays can cost your business thousands of dollars. Brown & Charbonneau, LLP can help you claim back these losses. Any delays under the contractor’s control result from the acts or inactions of the contractor, its suppliers at any level, its subcontractors, or anyone else for whom the contractor is responsible. These are the types of delays that are typically compensated for under risk allocations in construction contracts. However, contractors often argue against these clauses, claiming that the owner’s interfering with their ability to fulfill their contract time obligations justifies compensation for delays. It requires expert delay analysis and documentation evidence to establish.
Construction businesses can face litigation because of artistry defects. A construction defect is a quality that falls short of a standard, which may be stated or implied in a contract or by common law standards. Craft issues can be highly subjective, and determining liability for a quality defect can be complex. It is important to have thorough documentation and frequent testing during construction. The work site is examined before a construction project begins to ensure workers can complete all necessary tasks. If the site condition differs from expected, it can cause significant delays and massively increase costs. If the work is up to standards, it could protect anyone who enters. The contractor will usually be held liable and subject to legal action.
Breach of Contract
When a contractor or construction company fails to complete a project according to a contract, a client may file a lawsuit seeking compensation. This type of litigation often involves monetary damages, such as compensatory and punitive damages. Whether a lack of skilled labor causes this, lower quality materials than agreed upon, or unfinished essential aspects of the construction project, it can lead to costly delays and disputes. When these issues aren’t resolved, they can skew the completion date and lead to a loss of revenue for all parties involved. Industrial disputes may also halt building projects, such as when workers go on strike. It can create significant problems that require the assistance of a construction attorney to resolve.
Any injury or illness that occurs while a worker performs their job-related duties is considered a workplace injury. It includes traumatic injuries such as brain or spinal cord injuries, chronic conditions like carpal tunnel syndrome or mesothelioma caused by exposure to toxic substances, and other repetitive motion injuries. While the primary responsibility for workplace safety lies with the employer, some incidents cannot be avoided. Disputes over payment claims are another common cause of litigation in the construction industry. These disputes can stall projects and drain resources. Fortunately, these disputes can be resolved through the right legal strategies. For example, contracts containing clauses that limit the liability of contracting parties are often effective tools in preventing litigation.
While a lot of litigation in construction involves a breach of contract, there are also claims about poor quality. A contractor’s shoddy work can lead to expensive problems, such as leaky roofs, unstable foundations and windows that don’t fit correctly in walls. Most large construction companies have a quality management department that oversees project work and ensure it meets company standards. But even with the best managers, quality problems can still occur. Many disputes are resolved outside of court through alternative dispute resolution (ADR) methods like mediation, arbitration and a neutral third-party dispute resolution board. The ADR process can save time, money and resources compared to traditional litigation. But it’s important to understand how ADR works before using it.