Our experienced attorneys provide comprehensive guidance to clients throughout the construction lifecycle, from contract negotiation to dispute resolution. Construction projects involve complex legal and regulatory requirements that must be carefully navigated.
Construction Dispute Lawyers
We represent homeowners, property owners, and contractors in disputes related to construction defects or problems with new construction or renovations.
The construction attorney’s primary responsibilities include:
- Investigating and identifying construction defects, such as structural issues, plumbing problems, roofing failures, or other building defects
- Filing lawsuits against builders, contractors, subcontractors, or other responsible parties to recover damages for the cost of repairs
- Negotiating settlements between property owners and construction companies to resolve disputes out of court
- Providing expert testimony and evidence to support construction defect claims in court
- Advising clients on their legal rights and options for addressing construction problems
- Helping clients read through any warranties you may have and tell you if there is a potential claim to be made.
Construction Law Issues
HOME RENOVATION
Budget overruns
Renovation costs often exceed initial estimates due to unexpected issues or changes in plans. This can lead to financial strain.
Timeline delays
Projects frequently take longer than expected due to scheduling conflicts, supply chain issues, or unforeseen complications/design challenges.
Structural problems
Uncovering hidden damage or code violations during the renovation process can require costly fixes.
Contractor issues
Finding reliable, quality contractors and managing them effectively can be challenging.
Disruption to daily life
Living through a renovation can be noisy, messy, and inconvenient, especially for larger-scale projects.
Permit problems
Navigating local building codes and obtaining necessary permits can slow down the process.
Cost of temporary housing
Having to temporarily relocate during major renovations can incur additional living expenses.
CONSTRUCTION DEFECTS
Major structural flaws in a building can pose serious safety risks and can lead to the building becoming unstable or even collapsing. Some common structural issues include:
- Weak or crumbling foundations that cannot properly support the weight of the building.
- Structural beams, columns, or load-bearing walls that are damaged, deteriorated, or improperly designed.
- Inadequate reinforcement or support for the building’s frame.
- Significant cracks, warping, or shifting in the building’s structure.
Buildings with these types of major structural problems should be inspected by a qualified engineer immediately. Temporary measures may be needed to prevent further damage or collapse. In many cases, extensive and costly repairs or even demolition and rebuilding may be required to address severe structural flaws and ensure the building is safe.
Occupants should vacate a building with major structural issues until the problems can be properly assessed and addressed to avoid the risk of injury or loss of life. Ignoring major structural problems can have catastrophic consequences.
ISSUES WITH WORKMANSHIP
Poor construction workmanship can lead to a variety of issues, including structural problems, safety hazards, and reduced durability and lifespan of the building. Some common examples of poor workmanship include:
- Sloppy or uneven installation of building materials like drywall, flooring, roofing, etc.
- Improper sealing and caulking, leading to air and water leaks.
- Faulty electrical wiring or plumbing that does not meet code requirements.
- Structural defects like weak foundations, unstable framing, or poor load-bearing.
- Use of low-quality or damaged building supplies.
- Lack of attention to detail and poor quality control during construction.
Poor workmanship often stems from rushed timelines, inadequate training or supervision of workers, or cutting corners to reduce costs. The results can be disastrous and potentially compromize the safety and longevity of the finished building. Proper quality control, skilled labor, and adherence to building codes and standards are essential for ensuring high-quality construction.
WARRANTY CLAIMS
Construction projects often come with warranties that cover certain defects or issues that arise after the project is completed. Common types of construction warranties include:
Workmanship warranty
Covers defects in the contractor’s labor and installation of materials.
Materials warranty
Covers defects in the materials used in the construction.
Structural warranty
Covers issues with the structural integrity of the building.
Warranty claim filing
In order to file a successful warranty claim, the homeowner or building owner typically needs to:
- Notify the contractor or warranty provider of the issue within the warranty period.
- Provide documentation and evidence of the defect or problem.
- Allow the contractor or warranty provider to inspect the issue and then cooperate with any repairs.
WATER DAMAGE CLAIMS
Water claims refer to disputes or issues related to the presence, management, or impact of water during a construction project. Some common types of water claims include:
Groundwater intrusion
Water seeping into excavations, foundations, or structures and causing delays or damage.
Dewatering issues
Problems with the systems used to remove or control water at the site.
Water damage to completed work
Leaks, flooding, or moisture problems affecting finished construction.
Note
Water claims can lead to significant project delays and added costs. Careful planning, monitoring, and complying with permits are all necessary considerations when assessing water-related risks.
DELAYS
In the construction industry, delays represent any unplanned event or situation which disrupts the scheduled progress of a project. These disruptions can stem from lots of sources. External factors such as adverse weather conditions, supply chain hiccups resulting in material shortages, labor strikes, and significant changes in project design can all cause delays.
Excusable delays in construction occur outside of a contractor’s control. The wait can significantly impact the progression of a project, yet they are recognized under contract agreements as legitimate reasons for timeline adjustments. Common examples could include natural disasters, often referred to as “acts of God,” such as hurricanes, earthquakes, or floods. Additionally, government actions or legal restrictions, which can include changes in laws, fall under this category.
Non-excusable delays are situations where the contractor could have reasonably foreseen and prevented the disruption. These put the responsibility on the contractor, who may face financial implications as a result. Common causes include mismanagement of project timelines, failure to secure materials or labor in a timely manner, and inefficient execution of work.
When these preventable delays occur, contractors are typically not entitled to an extension of the project deadline and may be liable for damages.
Contracts often include classification of delays as excusable or non-excusable, and outline the process for claiming extensions of time or additional compensation. These clauses are designed to establish a fair protocol for both parties in the event of unforeseen project interruptions.
These contracts can be tricky to understand, so we always advise contractors and clients alike to engage with legal counsel, especially if they specialize in construction law. This partnership can provide clarity on the contract’s language and help to develop strategies to manage delays and their impacts.
Construction Law Services
Contract Drafting and Review
We draft, review, and negotiate construction contracts to protect our clients’ interests and minimize risk.
Regulatory Compliance
We ensure clients comply with all relevant building codes, permits, and other legal requirements and can help you take legal action if building laws are not complied with.
Dispute Resolution
When conflicts arise, we represent clients in mediation, arbitration, and litigation to resolve construction disputes efficiently.
Insurance and Bonding
We can advise on insurance policies and bonds to provide the necessary coverage for construction projects.
Real Estate and Land Use
We handle all real estate and land use matters related to construction, such as zoning, permitting, and property acquisition.
Wesley really saved us in a bad situation. He gave timely responses and was very helpful with explaining things to us. He and his team are 10/10 and got us the result we wanted. We highly recommend using Wesley and his team!
Learn more about construction defect claims and products liability lawsuit – contact us with any question.
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