Construction Disputes
Construction disputes tend to break down into
several main categories: construction
defects, failure to properly perform, failure to pay, and mechanic’s liens and
stop notices. I represent numerous owners and contractors in all of these areas.
Construction defects often do not become apparent until years after a
project is completed. Finding the general
contractor or subcontractors responsible can be challenging. I often need to hire experts to identify the
party responsible for defective work and testify about their findings. Many times when a construction project is
underway, the owner claims the contractor is not properly performing. I represent owners in that situation,
but I also represent contractors who need to resolve the dispute as soon
as possible in order to avoid being removed from the project.
Owners sometimes do not want to pay the general
contractor in full because they feel they are entitled to offsets for defective
construction or untimely performance.
This can lead to the general contractor not having enough money
to pay the subcontractors, or the general contractor wanting to backcharge the
subcontractor. I represent
owners, general contractors and subcontractors in these types of disputes.
On public works projects, the
legislature requires the general contractor to post bonds for the benefit of
subcontractors. But, the statutes need
to be followed exactly. I
represent owners and contractors in mechanic’s lien cases. I am often consulted at the
beginning of a project so that the contractor properly serves all the required notices in
order to record a mechanic’s lien or serve a stop
notice later on.
