Construction Dispute Remedies
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What Are Some Common Construction Disputes?
Construction projects can often be major endeavors. Even smaller construction jobs can involve much planning, materials, time, and labor. As such, construction projects can often lead to specific types of disputes due to the level of complexity involved. Some of these include:
- Disputes over the quality or cost of materials
- Labor or union disputes (i.e., wage disputes or salary issues)
- Errors in construction plans or execution of plans
- Inability to complete the project on time
- Projects being left unfinished mid-construction
- Disputes over the quality of the construction completed
- Safety and hazard issues
- Disposal of waste materials
- Breach of construction contracts
For instance, a common dispute is where a construction company fails to complete a project midway through construction. This can happen for various reasons, including a shortage of materials, lack of planning, environmental conditions, or labor issues. Depending on the facts, specific parties can be held liable for losses or damages.
What Are Some Construction Dispute Remedies?
Construction disputes can often be unique due to the fact that new structures or additions to structures are being created. This means that once construction starts, it can be difficult to undo the construction that has already been completed. In many cases, the construction may need to be completed, especially if the dispute arose past the halfway completion point of the project.
Some common remedies in a construction dispute may include:
- Monetary damages to pay for materials, property damage, accidents, or other losses.
- Court injunctions to have construction halted (for instance, if the project would involve.
- construction near property or would be causing property damage).
- Court injunctions to have construction completed (for instance, if construction is almost done; here, one party may have to reimburse the other for damages caused by the completion).
- Court orders to have materials changed or to have construction defects repaired.
- Damages to pay for breaches of contracts.
- Remedies may depend on many factors, including state laws, the type of violation involved, and the extent of damage or loss involved.
What If I Have a Construction Dispute?
A common issue with many construction disputes is a lack of documentation. If you will be involved in a construction project, it’s a good idea to keep the project thoroughly documented. This may include documentation of contracts, materials, progress, and other issues. Photos and video of the construction site and progress can also help in court. These items and documents can help when it comes to proving a construction dispute in court.
Do I Need a Lawyer for Help with Construction Disputes?
Construction disputes can often involve some complex legal issues and concepts. You may need to hire a real estate lawyer if you have any issues, disputes, or conflicts involving construction projects. Your attorney can help research laws to determine your rights, and can also assist with any contracts or other documents. If you need to file a lawsuit or attend a court hearing, your lawyer can represent you in court.
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Last Modified: 09-29-2014 03:23 PM PDT
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