Construction litigation is the use of legal procedures to settle disagreements that occur prior to, during or following a construction project. Poor craftsmanship, contract violations, project delays, payment disputes, or disagreements over modifications to the original scope of work are some of the causes of these conflicts.
if these negotiations or other dispute resolution procedures like mediation or arbitration prove fruitless then property owners, contractors, subcontractors and architects may turn to litigation to defend their rights and pursue monetary remedies.
Features of Lawsuits
- It is a procedure for civil litigation which settles disputes pertaining to construction in the court.
- Poor construction, improper material use, contract violations, project completion delays, and payment problems are frequent points of contention.
- A lawsuit must be filed, pretrial motions must be, filed evidence must be gathered during trial discovery, and appeals may be filed.
- Unlike arbitration, which usually occurs in a private and less formal setting, construction litigation occurs in a public courtroom with formal procedures.
Common Types of Construction Disputes:
1) Schedule Conflicts and Delays: Delays in projects can be due to supply chain problems, unfavourable weather conditions, staffing shortages and disputes over deadlines. Delays such as these can lead to higher expenses and strained relationships.
2) Payment disputes: Financial strain and project delays could result from payment problems. These are common and include disagreements over amounts disputed or late payments on unpaid invoices.
3) Contractual Conflicts: Language disputes frequently arise regarding things like the scope of work, deadlines and payment schedules because of vague or misinterpreted contract.
4) Quality of Work and Material Disputes: When materials or workmanship fail to meet predetermined standards resulting in extra expenses and rework delays these disputes occur.
5) Change Orders: Conflicts frequently arise from disagreements over changes to the original contract scope, such as budgets and schedules.
6) Disagreements between Contractors and Subcontractors: Projects may be prolonged by disputes between contractors and subcontractors regarding roles, responsibilities, and terms of payment.
7) Unexpected site circumstances: Circumstances such as concealed utilities or unstable ground may lead to responsibility disputes and extra expenses.
8) Construction Flaws: Disputes are frequently centered on claims regarding patent or latent flaws that compromise functionality, safety, or appearance.
9) Issues with Insurance and Bonding: During a project, disagreement may arise regarding indemnity provisions, or insurance coverage bonding requirements.
How CityLaw Can Help?
Construction litigation can be challenging for individuals. You need a skilled law team to properly defend and represent your interests and get the best result on your behalf. Reach out to CityLaw for your legal solution.