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:
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.
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 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.
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.
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.
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.
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.
A Warrenton, Virginia, construction attorney may help you recover the following damages:
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.
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.
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.
Whether you are starting a new business or facing a legal challenge, Ashwell & Ashwell, PLLC can help with your legal needs.
Ashwell & Ashwell, PLLC, is a dedicated and experienced law firm in Northern Virginia. We assist our clients in navigating the complex legal process. We handle various legal matters, from family law to civil litigation. Our lawyers have the experience and knowledge to provide sound legal advice and effective representation. We strive to ensure our clients receive the best possible outcome.
