Construction litigation attorneys work as advocates for private developers, owners, architects, engineers, contractors, subcontractors, and other people involved in a construction project. They are trained to resolve construction disputes in a variety of ways, including arbitration. Before filing a lawsuit, it is important to understand your legal rights. There are several different types of claims, and an attorney can help you determine which of these suits is best for your situation. Read on to learn more about the different types of construction litigation and the steps you should take to protect your rights.
Common causes of construction litigation
The majority of construction litigation occurs due to a breach of contractual obligations. In other words, the construction project owner or contractor breaches their contract and fails to perform as promised. When this happens, the affected parties can file a lawsuit to enforce the terms of the contract. Other common causes of construction litigation are defects in the quality of the construction work or the construction project’s abandonment.
When a project is not completed on schedule or budget, the contractor or project manager may find themselves in breach of contract. Construction disputes can be expensive and frustrating. Fortunately, there are several ways to prevent them. By understanding the common causes of construction litigation, you can protect your business from unnecessary risk. The first step is to avoid conflict.
The second common cause of construction litigation is non-payment. In many states, if the contractor hasn’t received payment for a job, he can sue the client for unpaid work. If the dispute is over payment, a skilled construction litigation lawyer will be able to help you get the money you’re owed. In addition, you can use a third-party mediator to help you settle the dispute. However, you should keep in mind that a mediator doesn’t have the authority to make a decision on the outcome of the dispute.
Another common cause of construction litigation is mistakes. These mistakes can have devastating legal implications. In addition to property damage, they can also lead to damage to reputation. Moreover, if the parties involved fail to communicate well with each other, the resultant delay in construction can lead to litigation.
Legal remedies available to a client in a construction dispute
There are several options available to a client in a construction contract dispute. These remedies include arbitration and mediation. A lawyer can help you determine which remedy is appropriate for your case and help you make a persuasive case. If a contractor fails to meet deadlines, he or she may be liable for the delays.
Construction contracts provide different types of damages for breach. The party holding up their end may be entitled to consequential damages, liquidated damages, or even nominal damages. In some cases, punitive damages can also be awarded, but these are extremely rare. In those cases, the injured party may also be able to recover their loss of time resulting from the builder’s breach.
In addition to compensatory damages, a client may also be entitled to pre-judgment interest. In some cases, a construction contractor may be liable for interest that was accrued prior to the construction contract. This applies in cases where a contractor was negligent in the design of a particular project.
Damage awards are awarded according to the principles of contract law. Contract law recognizes a contract as a promise and defines it as a binding agreement between two parties. Although specific performance orders are often disfavored, they are nevertheless recognized in construction law. These orders require the courts to monitor and set standards for the performance of a contract.
Delay in construction projects is a common source of construction disputes. In some cases, the delay causes consequential damages, which can be hard to prove. In such cases, a construction contract typically includes a liquidated damages provision, which lays out a specific amount of damages based on the number of days the project is delayed. This avoids the difficulty of proving consequential damages, and is generally enforced by courts.
Steps to take before filing a lawsuit
Before filing a lawsuit, there are several steps to take. First, you should determine whether you can collect the money you owe. If you can’t, you may not get paid, even if you win. If you’re unsure, you can ask your attorney for help.
You can also opt for arbitration. Arbitration is a process where a third-party makes binding rulings in a dispute. It is a less formal alternative to litigation, but can be much more expensive. Arbitration can help you avoid the high costs and time commitments of litigation.
Next, your construction litigation attorney will draft a summons and complaint. This will be served to the defendant. Your construction litigation attorney will also draft a response to the lawsuit. In some states, you can also choose to file in small claims court or civil court. Regardless of where you choose to file your lawsuit, you must first gather evidence to support your claim.
If you’re not sure whether to file a lawsuit, you can ask your attorney to advise you. Often, it’s best to try to resolve the dispute as quickly as possible. However, you should not rush into filing a lawsuit if the chances of receiving compensation are low.
After filing a lawsuit, the discovery process will begin. During this phase, both sides will share any evidence relevant to the case. This may include documents and other material that was involved in the construction process. During this phase, your construction litigation attorney will also prepare witnesses for testimony. He will also draft trial motions and cross-examine witnesses. Throughout this process, your attorney will try to make your case as strong as possible.
After hiring an attorney, you should carefully review your insurance policies and any bond or insurance. Your attorney should be able to explain any policy limitations to you and make sure your claims are justified. The attorney should be able to determine whether the case is viable and whether it falls within the state’s statute of limitations.
Experience of Phillips Lytle’s attorneys in construction litigation
The firm’s construction litigation attorneys have extensive experience in all phases of the construction process, from planning to construction and after-construction support. The firm’s attorneys are frequently asked to speak on various topics in the construction industry. One of the firm’s attorneys authored the New York chapter of the State-by-State Guide to Construction and Design Law and has presented at numerous construction industry events. Another firm attorney is actively involved in real estate transactions. He has advised developers, lenders, and investors on contaminated property transactions. His practice also involves the National Environmental Policy Act and the National Pollution Elimination System.
Phillips Lytle’s litigation team is nationally recognized for its trial and appellate work. The attorneys at the firm have a broad range of experience handling complex commercial disputes, ranging from litigation before state and federal courts to arbitrations. Whether you are looking to represent a large or small business, the firm has a construction litigation attorney to suit your needs.