Construction law encompasses many complex topics that, in the absence of an experienced litigation attorney, can be difficult to navigate.
Litigation attorneys in the construction industry are multifaceted professionals who commonly assist clients in managing the nuances of contracts, employee disputes, project disruptions, payment issues, and more.
Understanding the integral role of attorneys in construction litigation can be beneficial in more quickly recognizing the issues that are appropriate for an attorney.
Who Litigation Attorneys in Construction Projects Represent
Construction projects can range from small-scale office buildings to large-scale entertainment centers. The businesses or corporations responsible for the oversight of these projects may encounter disruptions, disputes, or claims during the initial planning phase, during active construction, or after project completion.
Litigation attorneys who specialize in construction litigation work with the business side of construction disputes. These attorneys may represent:
- Architects
- Developers
- Construction companies
- Insurance companies
- Contractors or subcontractors
- Lenders
Any commercial party involved in a construction dispute or claim can benefit from working with a construction litigation attorney.
Common Legal Issues Resolved with Construction Litigation Attorneys
Construction litigation typically arises when parties involved in a dispute are unable to resolve their differences. Some of the most common legal issues that can be resolved with the experience and skill of a construction litigation attorney include:
- Contract Disputes
A contract dispute occurs when one or both parties have disagreements over the terms of the contract. This may occur during negotiation of the contract or after the contract has been executed.
- Lien Claims
A construction lien is a claim made against the property. A contractor or subcontractor who has not been paid for work performed on that property may place a lien on the property.
- Construction Defects
Construction defect claims result from physical loss or damage due to defective building issues. These types of claims often involve building structures or exterior building enclosures.
- Payment Disputes
Payment disputes can occur when a contractor or subcontractor makes multiple requests for payment but fails to receive payment. This may occur when a client has financing issues or intentionally refuses to pay.
- Construction Delays
Delays are common in the construction industry and can have many causes, such as change orders, restricted access to the work site, defective design plans, or awaiting permits or other approvals.
- Timeline Disputes
Construction timeline disputes can result in additional costs and cause scheduling disruptions. If these disputes cannot be resolved with mediation or other measures, the case could go to court or arbitration.
- Bankruptcy Issues
Many industry challenges can contribute to financial problems, such as labor shortages, prolonged supply chain disruptions and higher material costs. When a client is forced into bankruptcy, they may require legal services to handle potential breaches of contract.
- Project Abandonment
An abandoned project can lead to liens, the foreclosure of the property, or other legal issues. Common factors that can lead to an abandoned construction project include poor planning and management, financial instability, or disputes between parties.
Contact a Construction Litigation Attorney as Soon as a Dispute Arises
Contacting a construction litigation attorney from the onset of an issue can help minimize losses and ensure that disputes and claims are resolved as quickly as possible.
A litigation attorney can be invaluable for the preservation of the project and business relationships. Common situations for which an attorney should be contacted immediately:
Contract Party is Being Sued: If a party to a construction contract is being sued, having experienced legal counsel is essential. Whether a business is the one suing or getting sued, a litigation attorney can advise their client of their rights and determine the best strategy for the situation.- Addressing Disputes Out of Court: Construction disputes can be addressed out of court via alternative dispute resolution options such as mediation or arbitration. Both processes benefit from the legal advice of a litigation attorney specializing in construction law.
- Upcoming Deadlines for Filing a Suit: Many states in the U.S. have deadlines by which a party must file a lawsuit after discovering damage caused by a construction defect. While it is possible to work toward resolution without legal counsel, the clock will continue, and the deadline could pass before the defect is corrected. A litigation attorney can help ensure that defects are resolved before the deadline or can assist with extending the deadline.
Trust KPPB LAW Experienced Construction Attorneys for Your Projects
The role of an experienced litigation attorney in construction projects cannot be overstated. At KPPB LAW, we assist businesses and corporations with their transactional and litigation needs to ensure that project interruptions, disputes, and claims are handled promptly by skilled construction litigators.
To learn more about our diverse legal services or to discuss a legal matter, contact the KPPB LAW attorneys at 1-678-443-2244.