No matter how meticulous the planning or execution is, not every construction project goes off without a hitch. Some factors can lead to disputes, legal challenges, and more. In our guide, we want to uncover the common types of construction litigation claims. Learn the construction lien lingo as we navigate through the complexities of construction litigation in the overall sphere of construction law.
What is Construction Litigation?
Construction litigation encompasses a wide range of legal disputes in the construction industry. The purpose of construction litigation is to resolve these disagreements or conflicts. And a construction attorney can find that resolution somewhere in the legal system. Beyond court proceedings, there are alternative dispute resolution methods. These might include mediation or arbitration.
Construction lien cases can occur during any stage in the construction project. Including:
- Contract disputes;
- Delays;
- Construction Defects;
- Payment Disputes; and
- Any other conflicts between parties involved in the project.
Most Common Types of Construction Lawsuits
Typically, construction projects undergo extensive planning. Experts and specialists are often on the scene during the execution stage. Sometimes, though, issues can arise that cause disputes and even legal battles. It’s common for plaintiffs to seek financial compensation for an array of problems. Let’s look at the types of construction lawsuits you’re most likely to encounter.
Construction Lien Foreclosure Claims
Another common construction litigation claim is due to a failure to pay. Property owners or general contractors may fail to make payments for work performed. The claims involve legal proceedings to enforce the construction lien. Resolutions often just involve seeking repayment for the outstanding debt. In some case, actions may result in the sale of the property to satisfy the debt owed.
Delays in Construction
Construction delays can have significant financial consequences and disrupt project timelines. Of course, some delays may be unavoidable. Others, though, result from contractor negligence, procrastination, or external factors beyond anyone’s control. Construction delay claims seek to recoup losses incurred due to project delays. These might include extra labor costs, extended overhead expenses, and missed deadlines.
Construction Defect Claims
During certain projects, construction work may fall below acceptable standards. That can lead to construction defect claims. These claims can arise from several factors that compromise the integrity of a structure. Subpar workmanship, a defective design, and using improper materials are three major claims. Common examples include:
- Improperly poured concrete
- Structural deficiencies
- Electrical or plumbing problems
A construction defect claim occurs to hold the negligent party or parties accountable. That helps relevant parties recover damages and receive compensation for poor workmanship.
Breach of Contract
Contracts are the cornerstone of construction projects. They outline the terms and expectations of all parties involved. Unfortunately, sometimes, a party may fail to fulfill its contractual obligations. That constitutes a breach of contract.
Breach of contract claims can occur from several factors:
- Nonpayment
- Failure to comply with project specifications
- Unauthorized changes to the scope of work
- Excessive price increases
A party may seek financial compensation for damages from a contract breach. That compensation is essential to enforce contractual rights. Simply put, it’s necessary to hold parties accountable for their actions!
Construction Lien Exaggeration Claims
In other cases, contracts may file exaggerated construction liens. They falsely inflate the amount owed for the work performed. Construction lien exaggeration claims seek to challenge the validity of these exaggerate claims. One must hold the filing party accountable for fraudulent or deceptive practices.
Construction Litigation: The Process & Resolutions
Navigating construction litigation involves more than simply filing a lawsuit. It takes a series of strategic steps to achieve a favorable resolution for all parties. At Pursiano Law, we understand the intricacies of the construction litigation process. And we work tirelessly to protect our clients’ interests every step of the way.
Handling Disputes Outside of Court
In many cases, we can help resolve disputes through alternative means before resorting to litigation. That may be as simple as issuing a letter of intent to sue. Signaling our intention to pursue legal action can oftentimes result in mediation or negotiation. Our experienced attorneys leverage their expertise to craft persuasive letters. These often pave the way for amicable resolutions.
Preparing for Legal Proceedings
Sometimes, though, litigation becomes necessary. Our dedicated team knows how to step up to the plate to guide you through the process. We’ll start by helping you file your claim, known as a petition. That outlines the facts of the case and the allegations present.
From there, the discovery phase begins. During this time, parties exchange relevant info, gather evidence, and prepare for trial.
Throughout the entire litigation process, Pursiano Law will explore various avenues for resolution. These may include negotiation of a settlement agreement. Settlement negotiations offer parties the opportunity to reach a mutually acceptable resolution. Outside of court, these negotiations may result in a contract to dismiss the lawsuit.
We can also pursue alternative dispute methods, such as mediation or arbitration. Ultimately, the goal is to resolve the dispute as efficiently and cost-effectively as possible. If the case proceeds to trial, our skilled construction defect attorneys prepare to present our clients’ case. We’ll vigorously advocate for your rights and seek an award of compensation that aligns with your objectives.
Our priority is to achieve the beast possible outcome for you as our client. In all construction litigation matters, Pursiano Law is here to help!
Pursiano Law: Experts in Construction Litigation
When it comes to construction litigation, experience, expertise, and dedication matter. At Pursiano Law, we are proud to be recognized as leaders in construction litigation. We provide unparalleled legal representation for a wide range of construction-related disputes.
Our attorneys possess the knowledge and skills necessary to advocate for your interests. No matter which stage of the litigation process you’re in, Pursiano Law can help. That help looks different for each client. Whether negotiating settlements to litigating cases in court, we’re committed to favorable outcomes. Our goal is to minimize the impact of legal disputes on your businesses and projects.
Don’t navigate the legal process alone. If you’re facing a construction-related dispute, Pursiano Law is your answer. Contact us today to schedule a consultation and learn more. Allow us to assist you with your construction litigation needs.