Question By: Construction projects, whether large or small, often involve numerous parties working together to achieve a common goal. Unfortunately, this complexity can also give rise to disputes and conflicts. When disputes cannot be resolved through negotiation or alternative dispute resolution methods, they may escalate into construction litigation. Explore some of the common issues that can lead to construction litigation.
Contractual Disputes:
Scope of Work: Disagreements can occur when the parties involved have different interpretations of the project's scope, leading to disputes over whether certain work is included or excluded from the contract.
Payment Disputes: Contractors and subcontractors may not receive the payment they believe they are entitled to, leading to claims for unpaid work.
Change Orders: Changes to the project scope, design, or specifications can lead to disputes if parties cannot agree on the cost and timeline implications of these changes.
Construction Defects:
Quality Issues: Construction defects can range from minor aesthetic flaws to significant structural problems. Homeowners, developers, or contractors may file claims if they believe the work does not meet established quality standards.
Building Code Violations: Failure to adhere to local building codes and regulations can result in litigation, especially if it leads to safety or structural issues.
Project Delays:
Time Overruns: Delays in project completion can have cascading effects on all parties involved, leading to financial losses, contractual disputes, and claims for damages.
Weather and Environmental Factors: Natural disasters or unforeseen environmental issues can disrupt construction schedules and trigger disputes over responsibility for delays.
Subcontractor Disputes:
Non-performance: Subcontractors failing to complete their work on time or to the required quality standards can lead to conflicts between the primary contractor and subcontractor.
Payment Issues: Disagreements regarding payment between contractors and subcontractors can result in legal action.
Design Errors and Omissions:
Inadequate Plans: Flaws or omissions in architectural or engineering plans can lead to costly construction changes and disputes over responsibility for these changes.
Errors in Specifications: If materials or products specified in the design do not meet expectations or are unavailable, it can lead to disputes over costs and project delays.
Keller Law Group, LLC helps clients who are mired in controversy get relief and move their projects forward. They represent clients involved in all aspects of construction, including homeowners, homeowner associations, businesses, general contractors, subcontractors, developers, lenders, bond and surety companies, design professionals, and suppliers of materials. For more information visit: https://www.lawkeller.com/practice-areas/construction-litigation/.
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