Rochester Construction Litigation & Arbitration Attorneys
Protecting Your Business’s Interests in Construction-Related Disputes
A lot can go wrong over the course of a construction project. With so much at stake, it is important to protect your company’s investment and stake in each development. This typically starts with instituting thorough, carefully reviewed contracts that lay out each participant’s involvement and obligations with the project, including terms for dispute resolution. A robust contract will protect everyone’s interests if and when a problem develops.
It is possible for conflicts between your company and vendors managing a construction project can grow past what a contract can readily handle. In these situations, which can include insufficient quality of work, failure to meet deadlines, and disputes over payment, litigation is often the tool used to determine who is at fault and responsible for damages. Our Rochester construction litigation attorneys at The Glennon Law Firm, P.C. can help you pursue action against vendors who fail to live up to their agreements or defend your business from erroneous claims. We have a thorough understanding of how these types of contracts and cases are adjudicated and are prepared to do whatever it takes to protect your company.
If you are facing a construction issue that may require litigation, do not hesitate to call (585) 294-0303 or contact us online.
Types of Construction Litigation & Arbitrations We Handle
Construction conflicts that require litigation or mandatory arbitration to resolve come in many varieties and complexities. Some may be brought by a construction company against a property owner, while others will require your business to take action against a construction vendor to limit or recover losses.
Insufficient Quality of Materials or Labor
Subpar quality of construction often leads to litigation if disagreements erupt over the sufficiency of the used materials, building methods, and resulting product of the property. Quality of building materials and the skilled assembly of those materials are paramount to the safety of any project. Some unscrupulous construction companies may attempt to cut costs by using materials of a lesser standard than what was specified or expected. They might also rush their construction methods or hire unskilled labor to complete tasks that require expert knowledge.
A project that is poorly constructed could later become unsafe and consequently cause serious injuries, placing your business in legal jeopardy. Often, problems can be discovered in the course of building inspections. Even if a problem is caught before a project has completed, a failure to use sufficient materials or labor will result in delays and the need for additional resources. In other words, if a construction company fails to build to the standard that they agreed to and has consequently added additional costs to your project, litigation may be necessary to recover the damages.
Construction Delays and Missed Deadlines
Missed deadlines or construction delays can also lead to litigation. Almost all construction projects will have a schedule and deadlines included in agreements made between property owners and construction companies. Typically, “time is of the essence.” In many situations, late penalties will be set for situations where a vendor needs additional days or weeks to complete the project to the state of completion that was agreed upon.
Inevitably, some type of delay is bound to occur. Exceptions will typically be specified for situations involving “acts of God” – say, unpredictable and uncontrollable factors like a natural disaster. Other factors and circumstances are often not excepted but can still contribute to delays, including permitting problems, recurring inclement weather, supply chain issues, labor issues, and any other unanticipated problems found on the site. Open and frequent communication between your business and the construction company can help maintain realistic expectations and identify situations where a schedule adjustment may be necessary.
No matter the reason for a delay or interruption, a project not completed on-time creates significant problems for your business. If delays grow too frequent or appear to be the result of insufficient urgency, your company has a right to exercise the terms of the original agreement, including its hard deadline and the associated penalties for missing it. A construction company ultimately has a responsibility to anticipate problems, alter its methods, and meet deadlines. Should a construction company refuse to honor the schedule of an agreement or incur the specified penalties, litigation will often be required to escalate the issue.
When your business and a construction company agree to work together, one of the most prominent elements of the resulting contract will be the terms of payment. A robust agreement will include deliverables a construction company must meet to trigger payouts; they might be disbursed on a milestone schedule or be contracted into one or two bulk payments. In most situations, construction companies will not receive the entirety of their compensation until the project has been completed.
Your business may have legitimate reasons for withholding payments, including the failure to meet one or more deliverables named in your contract. Even though they neglected to live up to their responsibilities, construction companies will often threaten litigation if they are not paid the full amount. These types of conflicts tend to require a cautious and delicate approach, as you must take special care to ensure you are within your rights to delay payment per the terms enshrined in your agreement.
A construction company may nonetheless attempt to sue, even if they measurably failed to meet deliverables. Because litigating these types of lawsuits can be a costly, resource-consuming endeavor, you should consult with lawyers experienced in these matters to weigh whether it makes sense to fight out a conflict in court versus working to identify a compromise, which could include partial payment.
We Can Help You Fight Construction Litigation & Arbitration
Whether you are forced to sue to recover damages or must defend yourself from flawed claims, our Rochester construction litigation lawyers are prepared to help. We have experience handling construction litigation cases of all shapes, sizes, and complexities and can make sure the terms of your contracts are honored. Our team understands the urgency inherent to any dispute involving a construction project, which is why we work to resolve these matters as efficiently and effectively as possible.
Schedule a confidential consultation with our team by calling (585) 294-0303 or contacting us online.