Every phase of construction is a risk for disputes and litigation due to the nature of the work and the proximity of the parties.  However, one of the greatest sources of construction litigation is a poorly constructed contract.  The contracts on construction projects are notoriously vague and this can lead to disputes between a homeowner and a general contractor, or between a general contractor and one of their sub-contractors.

The Watkins Firm has decades of experience in construction law and litigation, and works with our clients to reduce the likelihood of a dispute.  When a disagreement or lawsuit arises our construction attorneys take prompt action to resolve the dispute quickly and cost-effectively.  Construction is a risk for disputes and litigation because the parties often do not have a clear understanding or contractual agreement regarding:

1. Payment.  Draws or payment schedules are common on construction projects.  The timing or schedule of completed work (and how this will be verified) should be clear to all parties from the outset.
2. Time Frame and Consistency of Work.  The contractor takes a deposit and then doesn’t perform work for weeks.  Once work has begun there may be cycles of start-stop with gaps in between work.  The contract should specify not only the projects beginning date and projected completion time frame, but the consistency of work along the way.
3. Quality of Materials and Workmanship.  Another common reason why construction is a risk for disputes and litigation relates to either the quality of materials used on the job or the skill and quality of the workmanship itself.  The parties should have a clear contractual understanding of the specific materials to be used on the job, as well as the skill of the workers who will be completing the work.  This helps to avoid disputes regarding materials and poor workmanship.
4. Mechanics Liens.  Mechanics liens are an integral part of construction.  They protect a contractor who provides materials or services to a job-site prior to payment.  The release of mechanics liens must be timely to protect the land or project owner.

If you are involved in construction related disputes or litigation we invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.