Construction industry projects are typically highly complex and high-stake, with the industry seeing $2 trillion in annual spending. This often translates to project hurdles involving builders and developers, swallowing up resources, time, and, in extreme cases, the success of the project, and no builder or developer wants to risk a damaged reputation due to a failed project.
Construction litigation is a common recourse for addressing these project hurdles. As a last resort, it’s not a decision to be taken lightly. Construction litigation attorneys are usually brought in to intervene, helping builders and developers protect their interests.
Below is a detailed look at common project hurdles facing builders and developers and how litigation attorneys can help.
Common Project Hurdles Faced By Builders and Developers
Construction projects are fundamentally complex. Despite the various parties involved, builders and developers typically bear the brunt of this complexity, as they are responsible for the outcome of the final structure.
Some of the most common project hurdles they face are:
Construction Defects
At the core, construction projects are prone to errors. These can be due to faulty materials, design mistakes, and poor workmanship. These defects are unacceptable outcomes to project owners, who may seek legal recourse for damages in the form of repair costs, lost revenues, or demolition and reconstruction costs.
Contractual Disputes
Construction projects involve multiple parties, each with their own interests and responsibilities, which often leads to disputes. For example, builders and developers may prioritize quality, which would mean adjusting the budget and timelines.
However, owners may deem the budget and timeline stretching unnecessary in enhancing project quality. Payment delays, missed schedules, and change orders are other grounds for contractual disputes.
Negligence Claims
Negligence is the failure to exercise reasonable care which results in harm or injury. Builders and developers can face negligence claims due to poor site management, inadequate safety measures, or poor project planning.
Mechanic’s Liens
Contractors can file claims for unpaid work in what is known as a mechanic’s lien. This usually results in lengthy legal battles that can quickly spiral out of control if not handled carefully.
Regulatory Issues
The construction industry is extremely regulated for safety, environmental, and zoning reasons. Non-compliance results in direct legal issues or lawsuits emanating from accidents or injuries.
The Role of Litigation Attorneys in Overcoming These Hurdles
In the face of these project hurdles, builders and developers need a reliable and experienced legal partner. Litigation attorneys are well-versed in construction law and can help by providing the following services:
Construction Contracting Services
Construction litigation attorneys are experts in reviewing and interpreting construction contracts including the initial contracts, change orders, and insurance policies. They can also help analyze ambiguous clauses such as indemnification clauses.
Disputes Resolution
Disputes involving builders, developers, and owners are often heated. Therefore, resolutions must be efficient and timely to prevent escalation and reduce delays and legal costs.
Arbitration and mediation can be the most convenient ways to reach an amicable decision, while litigation is another viable option. All these are within the purview of construction litigation attorneys.
Construction Claims Defense
Construction litigation attorneys can represent builders and developers against legal claims which may include:
- Acceleration claims
- Change claims
- Construction delay claims
- Differing site conditions claims
- Design/construction defect claims
- Force majeure claims
- Labor productivity claims
- Suspension and termination claims
- Negligence claims
Benefits of Working With a Construction Litigation Attorney
Partnering with a construction litigation attorney offers numerous benefits for industry professionals, particularly in alternative dispute resolution (ADR).
Experienced attorneys dedicated to construction litigation provide invaluable guidance and representation, ensuring compliance with complex construction laws and regulations.
From contract review and negotiation to mediation, arbitration, and litigation, construction litigation attorneys offer tailored solutions to protect clients’ interests and mitigate legal risks.
Their expertise in navigating the intricacies of ADR processes helps minimize delays, costs, and potential liabilities. By enlisting the services of a construction litigation attorney, industry professionals can safeguard their projects, reputation, and bottom line with confidence.
Work With KPPB LAW’s Experienced Construction Litigation Attorneys
The complex nature of construction projects demands an ironclad agreement between all stakeholders. In addition, dispute resolution and claim filing or defense strategies have to be strategic, as project hurdles are often inevitable.
To understand the full meaning of such agreements, and the best practices for the related issues and resolutions, every builder and developer needs a competent construction litigation attorney during any dispute.
KPPB LAW has an accomplished team of construction litigation attorneys ready to help resolve your construction project dispute. We have over 20 years of experience providing construction law services for conventional buildings and civil and industrial construction projects. Contact KPPB LAW today for consultation.