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Construction Dispute Lawyers

The construction industry has a way of attracting legal disputes, as it involves multiple parties, including architects, investors, owners, and contractors, coordinating to complete projects.

While the goal of any construction contract is for the project to run smoothly, these projects are complex and often encounter snags that result in disputes. Are you dealing with a construction dispute and having difficulty navigating the process? Consider talking to the skilled construction dispute lawyers at Nix Patterson to find an effective resolution.

Conventionally, the involved parties used to enter into litigation, which proved to be a lengthy and costly method of resolving the dispute. Over time, alternative dispute resolution methods provided a new pathway toward recovery.

Our attorneys will establish the best method to approach your construction dispute, whether you are a defendant or claimant.

Common Construction Disputes

A building and construction contract is an agreement or contract between parties to complete a construction project. The involved parties must perform according to and adhere to the contract terms. If one party breaches the contract, the other can sue for damages.

A construction dispute is the result of one party to a construction contract failing to comply with its contractual or legal obligations to the other contracting party. For example, a breach in a construction contract may occur if an employer requests additional work not included in the contract or when the contractor delays work or delivers defective work.

At Nix Patterson, we offer our clients swift and effective legal advice to handle construction disputes, allowing them to reach an early and successful resolution. We can guide you through the different types of construction disputes that may arise, including:

Claims For or Against Builders and Homeowners

Both developers and builders can file a construction dispute claim if the other party does not adhere to the terms specified in the construction contract. Claims for or against builders and homeowners include:

  • Builders filing claims against homeowners for non-payment
  • Builders claiming a mechanic’s lien against the homeowner’s property
  • Homeowners filing claims against builders for delayed or unfinished work
  • Homeowners filing claims against builders for poor workmanship

Claims For or Against Contractors and Subcontractors

Construction claims can be financially damaging, stressful, and time-consuming. Unfortunately, it’s easy for construction disputes to arise in a construction project since it involves multiple parties, including subcontractors and contractors. You can take legal action if there’s a breach of contract. Claims for or against subcontractors and contractors include:

  • Owners filing claims against subcontractors for failing to complete their work to the standard agreed upon in the contract
  • Contractors and subcontractors filing claims against a building’s owner for changes in the scope of work
  • Property owners filing claims against contractors for delayed projects
  • Businesses filing claims against contractors for damages caused to their property

Claims For or Against Third Parties

We know what matters to our adversaries and clients and use it to our advantage to find a straightforward path to a resolution. We help materials suppliers, businesses, homeowners, design professionals, lenders, general contractors, developers, and subcontractors negotiate and litigate construction dispute cases.

Claims against third parties may include:

  • Suppliers and subcontractors filing claims against property or homeowner for mechanic’s liens
  • Professional consultants filing claims against construction companies for unpaid fees
  • Material suppliers filing claims against contractors for non-payment for materials they supplied

Damages in a Construction Dispute Claim

Damages are compensation that a party in a construction dispute can claim against the other party for their breach of contract. Damages in a construction dispute claim can be computed using diminution-in-value or cost-to-complete. The facts surrounding your case will influence the method the court uses.

The Diminution-in-Value Method

This method demands that the losing party pays the difference between the value of the project as it is and as specified in the contract. For instance, if the built house is in breach of the contract, the court will use the diminution-in-value method to calculate the difference between the market value of the completed house and the one agreed upon in the contract. The builder will then have to pay the difference between the two.

The courts only use the diminution-in-value method of calculating damages in construction disputes when a significant portion of the contract is fulfilled.

The Cost-to-Complete Method

The cost-to-compete technique demands that the losing party replaces, pays damages, or finishes the project as initially agreed upon by the parties. This method of calculating damages is typically used by courts when the breaching party’s performance is incomplete or defective.

Statutory Limitation Periods for Construction Dispute Claims

Various statutory limitations may apply to limit the time a party has to bring suit in a construction dispute. The applicable period will depend on the legal claim(s) and the party(ies) being sued. These periods range from one to six years from the accrual of the cause of action, but there is no uniformity among states.

Breach of contract suits against public entities may have a concise limitation period of one to two years, and failing to commence a lawsuit or arbitration within that time frame may result in barred claims. When dealing with a construction dispute case, it is in your best interest to talk to a reputable lawyer. We understand navigating a construction dispute can be overwhelming, especially when strict time limits apply. We are here to take this concern out of your hands.

Our team of construction dispute lawyers will take charge of your case and do what needs to be done by the due date.

Ways of Resolving Building and Construction Disputes

Before getting into a construction contract, it is best to understand your dispute resolution options and ensure that the contract contains proper dispute resolution clauses. Various dispute resolution methods can be used to resolve a building and construction dispute, including:

  • Meditation
  • Adjudication
  • Arbitration
  • Expert determination
  • Litigation

Each dispute resolution method has advantages and disadvantages, so it can help to consult a Nix Patterson contract dispute attorney to provide sound legal advice regarding the best way forward. Our experienced construction dispute lawyers have knowledge of construction laws, understand the requirements of all dispute resolution methods, and have the extensive experience necessary to resolve the dispute effectively.

How a Construction Dispute Attorney Can Help

The construction dispute attorneys at Nix Patterson work tirelessly to put your disputes to rest using definitive and straightforward resolution terms. Our knowledgeable commercial litigation lawyers will resolve the contract dispute, allowing you to focus on other essential aspects. Our construction dispute lawyers’ services include the following:

Draft the Contract

Construction projects often cost a lot of money and have tight deadlines, so it’s best to ensure your rights and interests are protected in writing before signing a contract. Our legal team will draft a detailed contract for you and point out any clauses that could cause problems and put you at risk. Our skilled lawyers will also negotiate an agreement that favors you.

Dispute Resolution

Our experienced lawyers will represent you if any construction disputes arise. We aim to work closely with our clients to resolve their disputes as swiftly as possible so their projects can run successfully. We have the experience and knowledge to offer you effective dispute resolution.

Knowledge of Construction Laws

You can only conduct a construction project with the proper permits, licenses, and regulations. Our construction attorneys will work to ensure that you fulfill all the legal requirements for your project so that you comply with the law before and during the period your project runs.

Let Nix Patterson Help You Resolve Your Construction Dispute

Disputes are common in the construction industry, so working with a construction dispute lawyer is best. Nix Patterson offers clients legal services to safeguard their rights and interests, ensuring they successfully manage their construction projects. Let us work with you to resolve all your construction disputes swiftly and effectively.

At Nix Patterson, we can arrange to visit you or your business in person if necessary. Besides guiding our clients in settling construction disputes, we also deal with other contract dispute cases, including insurance disputes.

Contact us at 512-328-5333 or reach out online to schedule a free, no-obligation consultation today.

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Nix Patterson only works on a contingency fee basis. Our clients pay us nothing unless we win. Schedule a free consultation today. 

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