Common types of construction disputes

On Behalf of | May 15, 2019 | Firm News |

Construction projects range from adding an extra bathroom to a residence to erecting a bridge to building a skyscraper. One thing they all have in common is the process where there is a bid, a contract, the work, and the result. Within that timeline, there are many points where the project could come to a halt, fall behind schedule, or go in the wrong direction.

Considering the amount of money involved in construction budgets as well as the cost to fix whatever issue is in dispute, it is no surprise that legal action is often needed to resolve disputes. This usually involves owners, contractors, sub-contractors, architects, engineers, and sometimes a government entity.

Common types of disputes

This is a broad and evolving area of law, but common disputes include:

  • Construction defects involving negligence, unsafe structures, breach of contract, breach of warranty, or liability
  • The scope of the plans or specifications
  • The scope of work handled by contractor and subcontractor, including not providing proper specifications
  • Subcontractor substitutions

Mechanic’s liens ensure payment

Disputes often mean that one party refuses to pay another the agreed amount in the contract. If the contractor, subcontractor or supplier is not paid for services or products, they can get a mechanic’s lien against the property, which makes it difficult for the owner to sell later. It is worth noting that while the contractor may have been paid, the contractor may not have paid for raw materials, which can lead to a mechanics lien against the property. In other words, the owner is ultimately responsible. In cases where the government is involved, the subcontractor or plaintiff would need to follow the injury claims process.

Attorneys can provide tailored legal guidance

Attorneys can help draft contracts, provide strategies for avoiding potential mechanic’s liens and defend clients against legal action. There is an endless number of variables involved in construction projects, and it is best to consult with a lawyer experienced in this area of law here in Idaho to effectively resolve these types of disputes. There is also a statute of limitation for these actions, so it is best not to wait before seeking legal guidance.