A construction lawsuit takes place between a client and a general or independent contractor. The process typically involves common issues such as allegations of fraud and financial malfeasance. If you are involved in a legal dispute with another party, you should consult with a construction attorney before you decide whether you should file a civil lawsuit seeking monetary damages.
Let’s review five common types of construction litigation.
Despite the meticulous way you reviewed a proposed contract, you might have missed one or more mistakes that nullify the legal requirements written into the contract. Just one error in the drafting of a construction contract can lead to months of litigation that puts your project behind schedule, as well as pushes project costs over budget. You also have to worry about important legal omissions, such as the establishment of rules for hiring independent contractors. A construction attorney reviews a proposed contract to ensure it represents your best legal interests.
Inferior Quality of Work
One of the most important criteria of business and commercial law is the quality of the products and services offered by a company. Any company that you hire to complete a construction project must follow state and federal safety laws. The company must also closely adhere to the high-quality standards established by its specialized trade. A contractor that fails to meet the quality standards established by its specialized trade might be held legally liable for the inferior quality of work.
The best general and independent contractors complete construction project phases on time. Tucked into a contract made with a construction company should be clearly written language that describes deadlines. Failure to meet one or more construction project deadlines can force a client to take legal action against a construction company. Project delays can stem from poor planning, failure to anticipate supply chain bottlenecks, and the lack of insured and licensed trade professionals.
Failure to Pay
A construction company completes a project on time, under budget, and according to specifications. However, the client does not send payments according to the legal language written into the contract. Failure to pay on time or at all represents one of the most common reasons why construction lawsuits arise. A construction attorney can apply pressure on a client to send payments on time by filing a civil lawsuit.
Abandoning a Project
Clients can deal with several timing issues such as project delays. Perhaps the most serious violation of timing occurs when a construction company abandons a project. This can happen for several reasons, with either party held legally liable for causing the abandonment. For example, a construction company stops working on a project because the client stopped sending timely payments. A construction attorney can help find common ground to keep a project running on time and under budget.