Construction Litigation

Building Your Case and Reinforcing Your Rights in Construction Litigation

Construction projects are a huge investment for any type of business. They typically take up a large amount of capital, and have strict deadlines so that the project can be completed timely. When things don’t go right in the construction process, it can be very costly in terms of both capital and time lost. In some cases, it may become necessary to sue the other party in order to be compensated for these losses or get a problematic project back on track.

From the construction company’s point of view, it is often necessary to perform a significant amount of work up front, with the payment coming after the job is completed. If the client doesn’t make their payment as agreed, it can cause some significant problems for the company. We can represent your interests to help protect your company during these difficult transactions.

The Law Firm of J.W. Stafford has experience litigating on behalf of both businesses using construction companies, and the construction companies themselves. We will review your case, and if there is a valid claim, we will aggressively fight for your interests through the courts.

Mechanic’s Liens

When a construction company does work on a project but does not get paid, the law ordinarily gives them the ability to assert a mechanic’s or construction lien on the work that is done. If the client refuses to make payment, they can enforce the lien to have the property sold in order to get payment. While this is typically going to be a last resort, we can assist your business in establishing and enforcing a mechanic’s lien to ensure that your business gets paid for its work on a project.  If you are considering asserting a mechanic’s lien, we have the experience and expertise to protect your interests.  Don’t delay in contacting us, however, because there are strict timelines for asserting mechanic’s liens.

Defective Work Claims

When someone hires a construction company to complete a job, there is a certain level of quality that is expected. If the work done is defective in any way, the construction company is often going to be responsible for fixing it, and possibly compensating their client for the damages related to the defective work.  The Law Firm of J.W. Stafford has represented clients in multimillion dollar construction defect claims.  Let us put our expertise to work for you.  

Breach of Contract

All construction jobs are going to start out with a contract that lays out the rights and responsibilities of all parties. If one party fails to meet their obligations, they can be found to be in breach of contract. While this type of dispute can ideally be handled outside of court, it sometimes becomes necessary to go through the litigation process to ensure your rights are protected.  We have the expertise and the tenacity to position your case for the best possible result.  

Failure of Delivery or Performance

There are many ‘moving parts’ when it comes to completing a construction project. The construction crew relies on the timely delivery of parts and materials, and the equipment they are using needs to work correctly. While it is understood that delays can occur in some situations, a failure of delivery or performance according to the contract is unacceptable. When this type of thing occurs, you may have the right to demand some type of compensation for the losses incurred due to the failure.

Prompt Payment

Payment agreements are one of the most important parts of any construction job. Construction companies are entitled to prompt payment according to the contract that was signed. If your construction company is not being paid as agreed, it may be necessary to take legal action to ensure your company receives what it is entitled to as quickly as possible.

Insurance and Surety Bond

Having construction insurance or a surety bond in place is a great way to protect yourself while work is being done. This type of insurance or bond requires that one party pay the other in the event that they do not meet specific contractual obligations. For example, if a construction company does not complete a specific job by a specific date, they will have to pay $10,000 per day until it is completed. It is possible to have a surety bond on just about any type of activity, and can help to ensure certain activities get done on time.

Home Improvement Contract Disputes

Home improvement projects can be extremely exciting. Whether it is adding on a new room to a home, redoing an area of the house, or anything else, it is an exciting investment that you can enjoy for years. If the company you hire to complete this work doesn’t handle it properly, however, it can become a nightmare. When facing a contract dispute related to a home improvement project, it may become necessary to sue in order to get what you are entitled to. We can help you every step of the way.

Contact Us

Whether you are having a dispute with a construction company, or you are a construction company working with an unreasonable client, we may be able to help. Contact us to go over your particular situation and learn how we can assist you in resolving your legal challenges.