When it comes to construction projects, unfortunately, legal disputes are very common. Since there are so many different contracts, businesses, and individuals involved in a typical construction project, a lot can go awry.
Whether the resulting losses are due to deliberate fraud, recklessness, or simple negligence, we’re here to help.
The Business Trial Group understands the nuances of construction litigation, and includes specialists who are Board Certified in Construction Law. Drawing from our decades of litigation experience, we will help you recover your losses.
We are prepared to assist you with any type of construction claim. Below are a few common disputes that we have successfully resolved on behalf of our clients.
Construction Defects and Delays
Construction defects can affect the sales prospects and performance of a property. More often than not, construction defects are hidden and not discovered by our clients until several years after the work was performed. For example, defects in a roof may not become apparent until after a slow leak has had sufficient time to works its way into the interior of the building, only then causing visible water damage. Other common types of construction defects include improperly applied stucco, leaky windows and doors, negatively sloped balconies that cause ponding water, building code violations, and other structural deficiencies.
Construction delays can be more complex, because many contracts contain language absolving the contractors of responsibility for delays. It’s important to note, however, that such clauses are void in the event that the delay is the result of deliberate fraud or bad faith.
Regardless of the type of construction agreement that has been breached, our attorneys can help you navigate the legal process and maximize the opportunity to recover your losses.
Malpractice and negligence can be committed by almost anyone involved in the construction process, including design professionals, architects, and engineers. When you sign a contract with someone, it is their obligation to deliver the goods or services in that contract as specified.
Any professional who does not deliver on the contracted promises can be held accountable for his or her actions. Here are some of the common grievances that can prompt legal action:
- Building or designing a property with serious problems, such as plumbing issues or roofing defects
- Compelling you to sign a contract or agreement that leaves out information that could have impacted your decision to agree
- Failure to provide adequate supervision in a building project, resulting in structural defects, delays or other otherwise preventable issues that have financial repercussions
- Taking far longer than specified to finish a project, as a result of a deliberate scheme to collect more earnings
- Failure to understand or comply with laws related to construction practices, such as building codes.
- Building properties in violation of environmental standards, or in such a way that causes unreasonable environmental or health concerns
It can be difficult to know whether the behavior you’ve experienced or witnessed constitutes professional malpractice. The Business Trial Group has in-depth understanding of the law related to these types of claims, and we will help you determine whether you can pursue legal action.
Malpractice claims often require experts in the relevant field to provide testimony. Expert testimony can help establish the legal standards involved so that any deviation from those standards can be made transparent. In the event that your case goes to trial, the jury has to be convinced that the actions for which you are suing were outside of the bounds of the law and any reasonable professional standards.
With our firm’s expansive connections in the architectural and engineering fields, we have the resources to provide qualified experts who can testify to the improper conduct you’ve experienced.
Other Construction Disputes
The complex litigation attorneys in our firm can assist you with many other types of construction claims. Anytime you enter into a construction contract and the other party does not uphold their end of the bargain, you may be eligible to file a lawsuit.
A common legal issue that arises with construction projects is failure to pay for work performed. We regularly represent all types of contractors in payment and performance bond claims. Because we handle these claims on a contingency-fee basis, our clients are not subjected to additional financial pressure above and beyond their unpaid work.
Properties are also subject to standards of structural integrity. If you hire someone to build or renovate a property, and the finished product results in structural flaws, we recommend filing your claim as soon as possible and documenting the damage so that there is sufficient evidence.
Statute of Limitations
“Construction litigation can take time to resolve, so it’s important to seek legal representation as soon as possible. Waiting too long may cause you to miss your window to seek justice and recover your losses.” – Attorney Roger Brown
There is a Statute of Limitations for most types of lawsuits. This is the period of time in which the lawsuit must be filed after the initial offense. A construction defect lawsuit must be filed within four years of whichever occurs most recently:
- The date of actual possession by the owner
- The date of the issuance of a certificate of occupancy
- The date of abandonment of construction if not completed
- The date of completion or termination of the contract between the professional engineer, registered architect or licensed contractors and his or her employer.
If, however, a construction lawsuit involves a latent (hidden) defect, the statute of limitations runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In no event can a construction defect claim be filed more than 10 years after the latest of these dates. Because there is a time limit in which construction lawsuits may be filed, it is important that you speak with an experienced attorney as soon as possible.
Individuals and businesses often opt for attorney representation in construction disputes because the legal nuances vary significantly depending on the circumstances. With our contingency-fee model, the Business Trial Group will help you explore every legal option you have and will not charge you unless you get results.
Our attorneys will evaluate your case and help you determine whether there is sufficient evidence and legal grounds to pursue the construction claims you hope to file.
To find out if you may have a viable construction claim, contact us via our no-fee, no-obligation form or call 888-343-8073.