What Is Construction Litigation?

If you are in the construction and building industry, you may need our firm’s help with construction litigation. Litigation in general refers to contesting a legal issue by filing a lawsuit in court. There are different types of litigation based on the claims asserted and the industry involved. Construction litigation focuses on issues specifically affecting the construction and building industry. When your construction project runs into issues or delays, you could require legal help to resolve a dispute.

The Construction Industry and Litigation

Our firm handles civil litigation related to construction, which is different from criminal prosecution. Civil litigation happens in court and involves a judge and sometimes, a jury. The party making legal claims against the other party must provide evidence and witness testimony to support their claims. If the party making legal claims receives a judgment from the court for money damages or other relief, they can collect it from the other party. If the other party prevails, then they may be entitled to attorneys’ fees.

Many civil lawsuits end in settlement, rather than going to trial. Settlement is a mutual agreement between the parties to end the litigation in exchange for something (often payment of money). Settlement, or an alternative dispute resolution method such as arbitration or mediation, may be an option in your construction litigation case.

Because of the project- and timeline-based nature of the construction industry, litigation may become necessary when a project goes awry. For example, you may have timeline or delivery problems, quality issues, or payment delays. If you are facing a dispute over any of these items, you may have more success pursuing your dispute in court with a lawyer’s help. At Henke & Williams, LLP, we can help explore your options for resolving the dispute in a timely fashion.

Common Types of Construction Litigation

Construction litigation can range from simple disputes over untimely payment to complicated debates over quality of materials or construction defects. Other types of disputes include timeline problems, design defects, code violations, or safety issues involving a construction project. No matter the type of construction issue you have, you can benefit from a lawyer’s advice about the potential legal claims involved.

Timely Payment

Construction litigation often begins because of payment problems. Timely payment of construction workers and companies is important. When someone doesn’t get paid, they may file a mechanic’s lien seeking payment. The mechanic’s lien could be an obstacle to selling the property or otherwise block project progress.

Quality of Materials

Another common ground for construction litigation is quality of materials. Construction contracts may specify the grade or type of materials to use. If there is a dispute over whether the materials used conform with the contract, this could lead to litigation. Alternatively, there may be a concern that the materials used are subpar, although specific types of materials are not listed in the contract.

Construction and Design Defects

Construction litigation can arise because of construction or design defects. When a project’s construction is faulty, it can cause a cascading series of problems such as trouble getting permits or even safety concerns. Alternatively, the design of a project may be faulty. If the architect or engineer made a mistake, you might have grounds for legal action.

Timeline Problems

In addition, timeline problems could lead to legal disputes. Timelines are very important for planning purposes in the construction industry. If you have supply or labor issues, it could throw off the timeline so much that your project is substantially delayed.

Code Violations and Safety Issues

Finally, code violations and safety issues can result in construction litigation. Safety is always a concern at construction projects. When a building has code violations or seems unsafe, you might need a lawyer to help you evaluate your options for action.

Construction Dispute? Let Us Help

As experienced Houston construction litigation lawyers, we help our clients find the best solution possible. Our lawyers understand the needs of construction industry professionals. We give clients practical advice for pursuing and resolving their disputes. To set up a consultation, call 713-940-4500 or use our convenient Contact Form.

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