Construction Litigation Attorneys With Experience in Construction Dispute Resolution
Are you currently involved in a construction dispute? It’s not uncommon for parties in a construction contract to have disagreements. Sometimes, however, they may require legal intervention to be resolved.
Whether you are a property owner, contractor, or investor, our Warrenton construction lawyers at Ashwell & Ashwell, PLLC, can help. We have handled major construction civil suits and represented hundreds of Warrenton homeowners and contractors over the years. With years of experience as civil litigation lawyers, we can definitely give you the representation you need to receive maximum compensation.
What to Know About Construction Disputes and Construction Litigation
Construction disputes can arise in almost all construction-related transactions. Some of these disputes can be fixed by the parties themselves, but others can escalate to legal claims and suits.
Some of the construction disputes that are usually taken to court involve:
Breach of contract: Failing to uphold or honor the terms of a contract is known as a breach of contract. Breaching a construction contract can involve poor construction, project abandonment, and failure to pay or pay to terms.
Fraud or misrepresentation: Contracting without the required license or certificate is prohibited under § 54.1-1115 of the Code of Virginia. Contractors’ failure to deliver on promises after receiving an advance of money is considered construction fraud. Owners may also have a cause of action if there was a misrepresentation of the cost estimate. For example, the actual construction cost ends up being higher than that agreed. Note that misrepresentation must be done knowingly and intentionally to mount to fraud. A construction attorney can gather evidence showing an intent to mislead and defraud.
Negligent construction: Negligent construction refers to substandard or careless construction practices that result in structural defects, safety hazards, or property damage. It often involves a failure to meet industry standards, building codes, or the duty of care expected in construction projects.
Breach of warranty: Warranties can be implied or express. Express warranties are those written in the contract and verbally made by the party. Implied warranties are those that come with the profession or the transaction. A builder, architect, or contractor can be found in breach of warranty if they fail to fulfill the promises or guarantees made regarding the quality, performance, or durability of their work or materials. Failure to meet these warranties can make them liable for damages.
Delay: Many reasons cause delays in completing a construction project, including force majeure. Force majeure is any unforeseen event that is beyond any party’s control. In case of delay due to force majeure, parties are not normally liable. However, when contractors don’t adhere to the agreed-upon schedule for other reasons, they can be held liable.
Delayed or missing payments: Developers, contractors, subcontractors, or suppliers can file lawsuits against the liable parties for payments that are not made on time or are entirely absent, especially when such delay or shortage is intentional.
Statute of Limitations on Construction Litigation in Virginia
The statute of limitations to recover damages from a breach of a written contract is five years. For a breach of verbal agreements or non-written contracts, the period is three years from the breach.
You must file your lawsuit on time and within the statute of limitation to be able to recover compensation.
What Types of Damages May Be Recovered in Construction Claims?
A Warrenton, Virginia, construction attorney may help you recover the following damages:
Direct (actual) damages
Loss of use
Loss of income, profits, business opportunities
What Is a Mechanic’s Lien?
A mechanic’s lien is a legal claim that a construction professional, such as a contractor, subcontractor, or supplier, can place on a property when they have not been paid for work or materials they provided. This lien serves as a security interest in the property, essentially allowing the unpaid party to seek payment by selling the property if necessary.
A Virginia attorney can help you invalidate the mechanic’s lien by assessing its validity and compliance with the regulations. They can also look into the quality of the delivered work to determine if the claimant upheld their side of the contract.
How Can Construction Lawyers Help With Your Construction Disputes?
Whether you are a property owner, a developer, a general contractor, or a subcontractor in Virginia, our construction litigation lawyers in Warrenton, VA, can help you in many ways.
Contract Drafting and Review: A Warrenton, Virginia, attorney can help you draft or review your contract. He will ensure that it is clear, fair, and reasonable. A lawyer can ensure that your contract reflects your agreement before the construction project starts. They can check crucial clauses, such as liabilities and waivers. Experienced construction attorneys know how and where to look.
Negotiation: If there are disagreements on the terms and conditions of the contract before the parties sign, a construction attorney can assist. Our Warrenton construction lawyers can discuss the details with the other party and represent your interest.
Mediation, arbitration, and alternative dispute resolution: Your lawyer may also advise you to bring the case for arbitration or mediation before an independent third party or tribunal for a faster and private resolution. A construction litigation attorney can represent you throughout the process and handle all the necessary paperwork.
Construction litigation: When out-of-court negotiations fail, your trusted Warrenton construction lawyers can take your claim to court. We’ll assist you from the initial filing to the verdict hearing in court. Our efforts to achieve a favorable settlement with the opposing party can continue throughout the court process to ensure a smoother and quicker resolution.
A crucial job of construction lawyers is determining the nature of the claim and how to best handle it. Again, construction disputes are complex. You will need the help of an attorney to determine if there was negligence, breach, or fraud.
Ashwell & Ashwell, PLLC, Can Help You
Warrenton, VA, lawyers at Ashwell & Ashwell, PLLC, are experienced, professional, and meticulous. We are a team of a former judge, a former prosecutor, and two seasoned criminal defense and civil attorneys who combine an unmatched level of skill and dedication. Our extensive knowledge and experience in commercial, civil, and construction law means you can rest assured that you are getting the legal representation you need and deserve.
Contact Ashwell & Ashwell, PLLC, today to schedule a consultation.