Construction Disputes
Owners, architects, construction managers,
general contractors, subcontractors and their insurers can benefit
from our experience handling construction disputes. Construction
litigation includes disputes over the formation, meaning, breach or
termination of construction, financing and real estate development
contracts and the associated duties imposed on the contracting
parties by law. Imposing a lien can prompt a payment, but there are
technical requirements. Getting rid of an improper lien is often
essential to complete a project. Some of the more common types of
litigated claims include:
Cost Overruns: Cost overrun cases can be simple
where the agreement specifies a lump sum for the work. More complex
cases present issues regarding the scope of the work originally
designated, documented or undocumented extra work orders,
interference from other parties, unanticipated conditions or the
good faith of the contracting parties. Cost plus and time and
materials agreements require different approaches. Cost overrun
cases necessitate a close review of the agreements and the
documents relating to the work done and payments made.
Delay Claims: Delay claims usually require
familiarity with the CPM (or PERT) scheduling system. Assigning
responsibility for project delays compels a review of the actions
of the owner, construction manager, architect/engineer, general
contractor, subcontractors and suppliers. Scope changes,
unanticipated job site conditions and other unforeseen events – as
well as the language of the governing agreements – require close
study and analysis. Not every delay will cause a project to miss
its completion date, nor does a missed completion date necessarily
require compensation. An effective presentation of facts can
separate the compensable claims from the frivolous.
Defective Work: Defective work disputes are the
most common of all construction contract claims. Depending on the
project, a working knowledge of structural, mechanical, design and
construction customs, practices and standards can determine whether
the problems relate to work performed or to a preexisting
condition, or whether it was caused by the defendant or some other
company not a party to the litigation. The lawyer’s job is to
investigate the facts, join any appropriate additional parties,
line up favorable witnesses, select the right expert and develop an
effective presentation.
Collection Claims: Lien claims necessitate
compliance with the applicable statutes (e.g. mechanics lien) and
vigilance in pursuing or defending collection claims. Claims that
drag on for years without appreciable progress drain valuable
resources and impede the acceptance of new projects. For parties
seeking payment, the task is to collect the funds owed as
efficiently and quickly as possible. For parties defending the
claims, the goal is to pay what is owed rather than subsidizing the
claimant’s inefficiency or unanticipated costs.
We have experience with:
- construction disputes
- extra work orders
- field changes
- delay damage claims
- mechanics liens
Notable Successes
Attorneys
Click the link to return to our main services page. Click any of the
above links to read about our past Construction Dispute Cases /
Attorneys that handle them or call (312)
223-1699 for more information.
