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Whenever construction disputes are resolved in civil courts, they can be referred to as construction litigation. This type of litigation deals with civil lawsuits rather than criminal prosecution, even though, depending on the care may happen simultaneously with construction litigation. Parties involved can have disputes over various issues relevant to construction law, including negligence, personal injury, or wrongful death. Construction litigation cases may often be time-consuming and costly for everyone involved. This is why many construction contracts and contractors have clauses allowing arbitration instead of litigation to handle these types of disputes.
What Causes Construction Litigation Disputes?
Due to the number of moving parts and different parties involved in construction litigation cases, they can be very complex. It also creates opportunities for new issues to surface that can quickly deter the project's deadline or put a pause on it altogether. Someone involved with construction litigation may handle anything from local government agencies that provide permits to architects, material suppliers, property owners, and contractors, making disputes likely to arise during any point of the process. Some of the most common causes of litigation include:
Failure to Meet Contract Terms
Breaching the terms of a contract is never a good idea. It's always important to know every detail of a contract before beginning a project because failure to meet contract terms opens the door for conflict and increases the risk of losing business and profit.
Nonpayment
Contractors can file a lawsuit when the agreed-upon compensation is not fully provided. In many cases, the contractor will file a mechanic's, which is a document that can go further than a lawsuit and become attached to the title or deed of the property and appear on public records. The owner will then not be able to sell the property until the lien is lifted.
Quality
When construction poses a threat to people who enter the site or it doesn't meet acceptable standards, it can likely cause disputes and litigation. It is also likely that accusations of using poor quality materials or unskilled labor will arise. When this happens, or the owner finds an issue with the finished structure, the blame will likely fall on the contractor. A flawed building needs to be fixed as soon as possible because it is dangerous and won't pass inspection. This can be frustrating for the owner, especially because it will require more costs, labor and time before the business can open.
Injuries
Although many safety protocols are set throughout the construction industry, accidents are always likely to occur. When a worker gets injured, there is a lot to do that help properly determine who is at fault. If the worker purposefully puts themselves in danger, they are, of course responsible for their self-inflicted injuries; however, if the injury is a result of failure to receive proper safety education or working in unsafe conditions, those who were in charge are likely to be held responsible for the workers injuries.
Can An Attorney Help?
When facing construction litigation disputes, one of the most beneficial things you can do is have an experienced attorney on your side. Due to these cases being so complex and many parties being involved, they can be challenging and tough to fight alone – which is why we want to help. Here at Vernon Litigation Group, we have a team of trusted attorneys who have worked with many cases like yours. By working with a vast array of contractors, owners, and their construction litigation disputes, we have the knowledge and experience you need on your side to come out on top. Our team is dedicated to your case's success and won't stop fighting until you get the justice you deserve. Let us be your guide.
Contact us today at (239) 319-4434 or visit us online to schedule your free consultation with members of our team, where you can discuss the details of your case.