Common Construction Disputes that Require a Lawyer
Major construction projects are always complex, requiring carefully prepared contracts and extensive documentation. Despite the planning and preparation that goes into a large-scale construction project, disputes are quite common. If you’re a property owner, general contractor, subcontractor, design professional, or any other party working on a major construction project, you may require the services of an attorney who handles contractual matters.
Delays aren’t an inevitable part of construction, but they do frequently happen. Construction delays cause problems for all personnel working on the project. If a concrete subcontractor doesn’t complete this project on time, then the framing subcontractor will also be delayed. Construction delays can be sorted into excusable and inexcusable delays. The former category includes delays due to inclement weather, while the latter includes fault-based delays. A lawyer can take a closer look at the delay to determine whether it is compensable.
General damage disputes can arise from several different problems. The owner may object to the quality of the materials used. Or, the property owner may be dissatisfied with the workmanship of the general contractor or a subcontractor. It’s also possible for the property to sustain damage during the course of the project. Property damage is usually, but not always, covered by the contractor’s general liability insurance.
Breach of Warranty
Construction contracts have both implied and express warranties. These cover all of the limitations and liability of the contractor or subcontractor regarding construction defects. A breach of warranty can occur when one party doesn’t fulfill their contractual obligations. As an example, a roofing subcontractor may guarantee that the roof will be free of construction defects stemming from the workmanship for five years after the installation. If a tree falls on the roof, the subcontractor isn’t liable for the damages. But if the roof leaks due to poor workmanship, then the subcontractor is liable. A breach of warranty occurs when the subcontractor refuses to make good on the guarantee.
The seasoned construction dispute lawyers at Mesch Clark Rothschild provide thoughtful representation for owners, suppliers, contractors, and design professionals. Our services include contract review, contract preparation, and dispute resolution. Request a consultation at our office in Tucson by calling (520) 624-8886.