6 of the Most Frequent Construction Disputes
One thing the common citizen lives with, without noticing, is the constant construction going on around them. From the new house going up right down the street to the new retail malls popping up everywhere. Something is always being built.All of this construction involves a number of different parties including owners, contractors, builders, suppliers, vendors, and more, who are all involved in some manner in the undertaking of commercial and industrial projects.
The Millin & Millin Attorneys understand that even with the best intentions and efforts to work together, disputes can (and do) arise amongst the many groups involved.
Our experienced attorneys are here to help find a resolution to some of the common construction disputes that arise during a project including:
1. Errors in a contract.
In 2014, this was the number one reason for contract disputes that arose during construction projects. This trend is still being seen today; it is still the biggest cause of disagreements.
The good news is that this can be easily avoided if a contract is thoroughly reviewed by a qualified attorney before everyone agrees on it.
This can save all parties plenty of trouble as the project moves forward.
2. A party not understanding or failing to comply with their obligations.
This is has become a growing problem in recent years and is something that has to be monitored carefully. Whether intentionally or not, there can be instances where someone involved with construction fails to meet the terms they agreed to.
In these cases, the other groups who are part of the project will typically take some kind of action to rectify the situation. These kinds of disagreements will slow down and distract from other important matters, even after construction has been completed.
3. Differing site conditions.
When someone places a construction bid, there are assumed working conditions that are part of that agreement. These factors are subject to unexpected changes and surprises, however.
One of the issues that can arise is the condition beneath the surface of a job site.
Regardless of the severity of unplanned differences, the plans that have been laid out will be affected and this leads to disputes.
4. Costs that go beyond expectations.
This is a common occurrence in construction projects because there are so many variables and moving parts to account for, regardless of the size and scale of the job at hand.
If all groups working together laid out a detailed contract, there will usually be clarity regarding who is responsible for handling these excesses. Still, having to foot the bill, with or without a clear plan, has the potential to pit one party against another.
5. Not being paid for work completed.
It might seem like common sense to pay somebody when they have finished the work they contractually agreed upon to perform. Sadly, this is not always the case, for a number of reasons.
In the event that they are not paid, a contractor or subcontractor does have legal actions they can take. Usually, place mechanic’s or materialman’s lien will be placed on completed project until there is some kind of resolution.
6. Work that falls below an acceptable standard.
This is another tough situation that a contractor or subcontractor can find themselves concerning a construction project. When the quality of their work is called into question, it can create a good deal of confusion and discord.
If it is justified, it can still be a lengthy process to decided how to handle the results. There are also cases when these accusations are made to avoid paying someone for the work they have done.
This can lead to the situation as described in dispute number 5.
When one of these construction disputes arises, you can find comfort in knowing that the team at Millin & Millin has the experience to achieve a resolution for you.
Construction projects are complex systems of work that require many people to work together toward a common goal. Even the best of teams, in any arena, united with a single vision experience their share of disagreement.
We believe in building a team of construction experts who will analyze and reinforce your claim until satisfactory results are reached. Our experience in construction litigation extends to:
- Construction defect claims
- Contract disputes
- Construction fraud
- Design defect claims
- Mechanics’ liens
- Warranty claims
- Payment issues such as delay and acceleration damages, nonperformance, nonpayment for goods and services, and delivery of damaged and nonconforming goods
Contact us today at (956) 631-5600 for a free consultation.