One of life’s certainties, besides taxes and death, is disputes in construction projects. And understandably so, given the intricate nature of the industry.
The high level of complexity involved, collaboration between various stakeholders who often have varying expectations, and the uncertainty of the outcome make disagreements inevitable.
Success usually comes down to how fast and effectively these conflicts are resolved. This area highlights the value of an experienced construction litigation attorney.
Below is a breakdown of construction conflicts and how the expertise and reliability of construction litigation attorneys can help resolve them:
Common Sources of Construction Conflicts
Construction projects are breeding grounds for differences in opinion. Combine the scale of these ventures and the pressure to deliver on time and within budget amidst unforeseen circumstances, and you’ll have frequent discords.
The following are the most common sources of construction conflicts:
- Defects in design, materials, or workmanship
- Delays and disruptions
- Payment disputes
- Breach of contract
- Scope creep and change orders
The consequences, if not successfully directed, can be dire, and include financial losses, project delays, damaged reputations, and litigation, hence the need for construction litigation attorneys.
The Role of Construction Litigation Attorneys
Construction litigation attorneys are well-versed in the legalities and technicalities of construction projects. The purview of these professionals often includes:
Understanding Construction Law
Construction litigation attorneys are experts in construction law and how it applies to each specific case and stay current with regulatory changes that often breed conflicts.
An attorney well-versed in construction litigation will understand the details of the case, laws and applicable precedents, and the ideal resolution process.
Understanding of Complex Construction Contracts and Documents
Construction projects involve numerous contracts that are often lengthy and contain conflict-causing ambiguities requiring the guidance of construction attorneys.
Dispute Resolution
Construction litigation attorneys have an understanding of construction laws. That means they are strategically situated to navigate dispute resolution services such as arbitration and mediation.
Trial Experience and Courtroom Advocacy
In some cases, construction disputes escalate to litigation. In this role, a construction litigation attorneys’ experience in courtroom advocacy becomes invaluable.
Case Management and Strategic Planning
Construction attorneys work closely with clients to assess the merits of their cases and devise legal strategies to ensure a favorable outcome.
This includes the ability to parse precise details from contracts, communication, and other supporting documentation.
The Process of Handling Construction Litigation
Litigation is the most adversarial of all dispute resolution methods as it is often lengthy, expensive, and complex. Construction litigation attorneys follow an organized approach to ensure a smooth and efficient process, which may include:
Case Evaluation
The first step is to examine all relevant documents and contracts to establish the merits of the case. The findings of this step allow the attorney to determine the best approach for the case.
Investigation and Evidence Gathering
Investigation will help advance the case by gathering sufficient evidence to support the client’s claims. This can include not only reviewing documents and contracts, but also interviews and site visits.
Pre-Trial Proceedings
Pre-trial is essentially for discovery during which both parties exchange documents and evidence, take depositions, and submit motions. Pre-trial can also involve mediation and arbitration as forms of alternative dispute resolution.
Trial
If a settlement is not reached during pre-trial proceedings, the case goes to trial. The attorney will present arguments before a jury with demonstrable evidence, case law, and legal precedents. Settlement negotiations can take place during or after a trial.
Case Study: San Francisco-Oakland Bay Bridge Dispute Resolution
In 2018, the Toll Bridge Program Oversight Committee unanimously approved a $34 million settlement with joint venture American Bridge/Fluor, the contractor involved in the construction of the San Francisco-Oakland Bay Bridge.
In 2015, the overseeing panel fined both contractors in the joint venture $8.5 million each due to faulty anchor rods designed to provide enhanced safety during earthquake occurrences.
In 2016, the contractor filed for arbitration, seeking $49.2 million in compensation. $40.7 million was to be for unpaid work, and the remaining $8.5 million was to reverse the fine imposed by the panel.
The final settlement amount was $25.5 million, and $8.5 million was waived, amounting to $34 million in compensation. The case embodies the magnitude of financial implications that construction conflicts can impose on construction projects.
Benefits of Hiring a Construction Litigation Attorney
When a construction litigation attorney is involved in a dispute, the chance of reaching a favorable outcome significantly increases.
Attorney services are instrumental in minimizing losses and allowing stakeholders time and space to focus on construction work.
Work With Experienced Construction Litigation Attorneys at KPPB LAW
When managing a construction project, stakeholders cannot afford to downplay the impact of conflicts. The support of a seasoned construction attorney protect the project allowing for a more streamlined construction process.
KPPB LAW prides itself on its dynamic team of accomplished construction litigation attorneys with years of proven experience in representing clients in various construction disputes and delivering best possible outcomes.
Contact KPPB LAW today for expert legal advice and representation in construction litigation cases.