Construction always comes with risk. It’s important to manage that risk effectively and handle any conflicts that result from it using experienced legal representation. A construction dispute attorney San Diego can help you determine the best way to manage your specific construction conflicts and can even help you prevent disputes in the first place through expert contract negotiation and a clear understanding of regulatory guidelines.
There are a variety of disputes that can occur between a number of parties involved in construction projects. If your company is remodeling a bathroom or repairing a roof, you could be held liable for problems that occur with the project. Some examples of common construction dispute claims are as follows:
One of the most common reasons to hire a construction dispute attorney San Diego is to handle delay claims. These can be singular, or part of a larger group of claims. When a project surpasses the expected completion date of a project, the owner may sue one or more contractors for damages caused by the delay.
In other instances, a subcontractor may sue a contractor for the increased labor costs, equipment rentals, and schedule changes caused by a contractor’s management. There are many different reasons delays can occur, but contracts are often the deciding factor for how a delay claim is handled.
Lots of different parties are usually involved in construction disputes, from owners and general contractors to engineers and architects. If there are errors or omissions in design specifications, that will affect how other contractors do their job and likely increase their time and labor. As a result, the contractor could demand compensation for these changes and their effect on the work. Often, parties are unable to agree on who should be responsible for the costs of these changes and this leads to a conflict. That’s when you should consider hiring a construction dispute attorney San Diego.
Design defects are when the design of a component is insufficient or incorrect, which causes further changes in work, delays, and even safety issues. For example, if the specifications for a new roof use incorrect materials to prevent water penetration. Construction defects occur when the way that the contractor installed various components causes an issue. For example, if there was faulty welding on a bathroom pipe that caused it to leak.
The owner will typically hire a construction dispute attorney San Diego to gain compensation for the damages incurred by such defects, and the defendants in those claims will also need a lawyer present to help them navigate the legal field and parse out the liability issues.
Many construction sites have unforeseen conditions that could increase costs, labor, and the time it takes to complete the job. If a contractor encounters an unforeseen site condition (such as a hazardous material), they will likely request compensation and a schedule extension in order to deal with the new circumstances. The owner, on the other hand, will likely not want to pay more or extend their deadline for the unforeseen situation. This type of dispute is often complicated and usually requires intense discussions during the contract negotiation stage. Make sure you have an experienced construction dispute attorney San Diego look over your contract to ensure you’re covered in cases of unforeseeable conditions.
Whether it’s due to financing problems, misunderstanding of vague contracts, or qualms with the construction work that was done, owners may refuse to pay contractors for the work completed. Payments are a critical component of any construction project, no matter how small. If there are other disputes present, such as construction defect claims or delay claims, it’s likely that payment disputes will also arise. A good contract should be able to resolve these disputes, however it’s beneficial to have a construction dispute attorney San Diego by your side in case mechanic liens, bond claims, or litigation is needed.
If a construction project is not performed to specifications, there are two ways that this dispute can take shape. If the specifications clearly state the requirements within the contract, then contractors can be sued for contractual breach. If the specifications under question were not clearly stated, there may be a case made that an implied warranty was breached or contractors can be sued in civil court. An owner could ask for compensation or require a contractor to hold up their end of the contract. Whether you’re an owner facing an issue with inadequate construction or you’re a contractor being accused of not completing the project as required, a good construction dispute attorney San Diego can represent you in arbitration or litigation.
Our firm is well-versed in construction law and we’re committed to helping our clients navigate the legal process in a straightforward, efficient, and effective way. Our attorneys excel in this field and have been practicing construction law for decades. We know the ins and outs of the legal system and how to manage the specifics of your case to meet your goals. Contact us for a consultation today.