Litigating Construction Defect Claims

The Construction industry has numerous complexities and a lot of moving parts.  After performing hundreds a projects an experienced contractor will inevitably face defects in the work of one of the subcontractors on the project.

When the construction work is defective, someone will have to incur additional expenses.  As we all know, the likelihood that someone will voluntarily assume the expenses is low to non-existent.

Therefore, when a defect occurs on a construction project, the contractor has to immediately think that the dispute may result in litigation.

Consequently, the contractor should prepare the documentation and take any proper steps preparing to litigate the dispute, which usually should include the retention of an attorney.

While this cynical approach was not intended to encourage lawsuits, the reality is that contractors need to be precautious in order to protect themselves if the dispute proceeds to litigation.

One important tip is to maintain organized and thorough documentation. Maintaining proper documentation can greatly reduce attorney’s fees and expedite resolution of the matter.

First, and ideally before a construction defect claim arises, make sure to keep detailed records of the project, including all correspondence.

It is important to document all communications between the parties on a construction project because the contract and ultimately the parties’ intent may be determinative of the outcome in a construction defect case.

The documentation of the parties’ communications may be important because the communications may speak to the intent.

Additionally the communications may be fuel for the construction defect lawyer to use throughout the litigation.

Damaging statements by the opposing side can be your attorney’s sword to leverage you into a favorable settlement or assist you in collecting payment on the project. 

Even if you are unable to adequately prepare, we have construction lawyers who can help you fight through the process and either get you the compensation to which you are entitled or to require the subcontractor to make any and all necessary repairs to rectify the shoddy work.

Assistance with Your Construction Defect Claim

Construction can often be a complex process, and not all companies are suited to perform construction work.

Other companies are well-equipped to perform the same but still may find themselves dealing with construction defect claims.

Regardless of where your company falls, defect claims will arise in the construction context.

If/When that situation occurs, we have attorneys who are well-versed in handling construction defect claims from start to finish, and we would be glad to review your case.

If you need assistance with a matter, please contact a construction law attorney at our firm.

If you are need of a construction litigation attorney, please contact one of our lawyers.