Expertise You Can Rely On

Filing a construction claim is the standard way to begin the construction litigation process.

During construction projects, disputes may arise over payments, performance, insurance, compliance, professional conduct, and so on.

Our construction litigation attorneys can prepare the notices and liens required to take legal action, enforce the terms of the contract, recover compensation, and so on. We can also defend certain parties in construction disputes.

For instance, in a case where payment has not been made, a construction company may request a mechanic’s lien to be placed on a building or building site. This is a charge or encumbrance to assure payment for its labor, services, or materials.

Pre-claim assistance can be a valuable way to avoid expensive litigation and help preserve business relationships.

With construction projects, many entities usually work together for a successful outcome and, when disputes arise, it is easy for these relationships to be irreparably damaged.

By exploring alternative routes to resolve your issues, you may be able to keep your project on track without involving the courts.

Suing is only one legal option open to construction industry entities if there is a dispute to settle.

Generally speaking, the earlier you seek help and legal advice, the more likely it is that we can help you keep your matter out of the courtroom.

If you seek help as soon as you identify a problem, we can help prevent a minor issue from escalating into a full-scale dispute or a legal claim.

In many cases, the disputing parties can resolve matters through alternative dispute resolution, such as mediation or arbitration. These are practical approaches to business disputes that can save on costs and delays.

When a construction dispute escalates to litigation, thorough preparation is crucial. Start by gathering all relevant documents, contracts, communications, and evidence of the dispute. Understanding the legal process, including filing claims, discovery, and trial procedures, is essential. Working with attorneys who specialize in construction disputes can help navigate the complexities of the case. Assessing the potential risks, costs, and time involved in litigation compared to other resolution methods helps in making informed decisions. Maintaining clear and consistent communication with your legal team and other involved parties ensures a cohesive strategy. Preparation and expert guidance are key to achieving the best possible outcomes in litigation.

Construction projects often involve multiple parties, including owners, contractors, subcontractors, suppliers, and designers, which can lead to various conflicts. Disputes frequently arise from contractual issues where terms are misinterpreted or breached. Delays in project timelines caused by factors such as weather, labor shortages, or unexpected site conditions also contribute to disputes. Payment issues, including delayed payments or non-payment, are another common cause. Additionally, construction defects related to workmanship, materials, or design can lead to significant legal challenges. Change orders, which alter the project scope and result in additional costs, often spark disagreements as well. Understanding these root causes is essential for preventing and managing disputes effectively.

ADR methods such as mediation and arbitration provide effective alternatives to courtroom trials for resolving construction disputes. Mediation involves a neutral third party who facilitates negotiations between the disputing parties to help them reach a mutually acceptable solution. This process is confidential, less formal, and often quicker and cheaper than litigation. Arbitration, on the other hand, involves a neutral arbitrator who hears both sides of the dispute and makes a binding decision. While more formal than mediation, arbitration is still generally faster and more cost-effective than court trials. ADR methods not only save time and costs but also help preserve business relationships by resolving disputes in a collaborative manner.

Well-drafted contracts are the backbone of successful construction projects as they clearly define the roles and responsibilities of each party involved, reducing ambiguity and potential conflicts. They set clear payment terms, helping to prevent disputes over payment schedules and conditions. Including dispute resolution clauses in contracts specifies methods like mediation or arbitration for resolving disagreements, thereby avoiding litigation. Detailed project scopes and procedures for handling change orders are essential to mitigate misunderstandings and disagreements during the project. By having an experienced attorney draft or review contracts, parties can ensure that all essential elements are covered, which significantly reduces the likelihood of disputes arising.

Construction defects, whether structural issues, design flaws, or poor workmanship, can lead to significant legal challenges. Navigating these claims begins with identifying the nature and extent of the defect. Collecting detailed documentation, including photos, reports, and expert opinions, is crucial to support the claim. Notifying the relevant parties, such as contractors or designers, and giving them an opportunity to address the defect is an essential step. Seeking expert legal and construction advice helps assess the defect and recommend solutions. Depending on the situation, resolution may involve negotiation, mediation, arbitration, or litigation to seek compensation or repairs. Understanding the legal process and working with experienced attorneys ensures effective navigation of construction defect claims.