What to Know About the Common Causes of Construction Lawsuits
Even a well-organized construction project can run into issues and problems. Because there are often many different parties involved, from owners to contractors and subcontractors, disputes often arise. Some of the most common causes of construction disputes are contract errors or omissions, contract non-compliance, and site issues. While some disputes may be resolved quickly and without further issue, others may require the help of an experienced construction attorney.
The construction lawyers of Millin & Millin have the knowledge and the resources that you need on your side when a construction dispute arises. We will work hard to protect your interests and find a solution that is right for you. Don’t settle for an inexperienced attorney who does not understand the construction field. Turn to a team that has helped property owners, contractors, developers, vendors, and others resolve disputes and get the results they need. Contact us today at (956) 631-5600 for a free case evaluation.
How Do Construction Disputes Arise?
There are many different reasons that a dispute may happen over the course of a project. A few common reasons include:
Defective Designs or Planning
The building’s integrity is important for safety reasons but engineers must also take into consideration the desires of the customer. Lawsuits associated with design deficiency can result from a construction project that was poorly designed, inaccurately built, or left incomplete. Because of a deficiency, an entire project can be in jeopardy. Disputes between contractors and owners can lead to delays in completing the project and can dramatically increase the cost.
Imagine a scenario where an owner is excited or desperate to have a construction project completed in a time frame that may not be realistic. In an attempt to satisfy their new customer, a construction company accepts the contract and starts working as quickly as possible. Rushing through the process, engineers, architects, and contractors begin assembling plans to complete the project. However, they fail to realize that their blueprints are unorganized, their designs have fundamental flaws, and the timeline is virtually impossible. The problem may not be discovered until a lot of time and money has been wasted, and this can create a conflict that only a construction lawsuit may resolve.
The time it takes to complete construction is just as important as keeping the cost of materials within the budget. Managing the project’s timeline is not as easy as it sounds, especially when there are design deficiencies within the plan. Instead of efficiently completing the task at hand, time delays can create serious problems and even derail projects completely.
There are many opportunities for delays to develop over the course of construction work. Materials and equipment need to be ordered, delivered, and organized before the project can begin. Contractors will need to hire enough labor to complete the task efficiently, while also keeping costs low. Even the weather can present unique challenges and time delays. Disagreements between the various parties involved with the project also prevent work from taking place until the dispute has been resolved.
Meanwhile, the overhead costs of the entire project continues to rise. The owner may object to paying the difference in costs, and the contractors may be forced to make a difficult decision. In this instance, an unbiased ruling from a judge may be in the best interest of both parties.
Owner’s Expectation vs. Reality
Assuming the project was completed in a timely manner and within the allowed budget, the owner of the newly constructed building may still be unsatisfied. The owner’s problem with the finished product may be real or imagined, but the dispute is certainly authentic.
If an agreement cannot be made, then the affected parties may decide to file a construction lawsuit.
The unhappy owner may decide to withhold proper payment to the construction company, even though the design requirements were fulfilled. Another example could be that the project has been designated as complete but there are faults within the project’s construction. Whether the owner is justified in their complaint or not, the issue may need to be resolved in court.
Millin & Millin offers outstanding legal representation for their clients, and our knowledgeable approach to construction litigation has secured millions in settlements and verdicts.
Construction lawsuits are a civilized solution to complicated problems that develop when circumstances change. When construction companies act in bad faith, it is important to discuss the situation with a qualified bad faith lawyer.