Fairfax Construction Disputes & Mechanic's Liens Attorneys

Trusted Real Estate Attorneys for Mechanic's Liens and Other Construction-Related Disputes in Fairfax, VA

Property owners, real estate developers, and other parties involved in construction projects may encounter legal disputes. Resolving these disputes can be difficult, but with representation from an experienced attorney, you can make sure your rights will be protected.

At Fox & Moghul, our real estate lawyers have successfully handled all types of complex construction disputes, including but not limited to cases involving defective work, failure to pay, delays, and mechanic's liens.

It is rare for a construction project to proceed to completion without encountering problems. Regardless of the specific issues, our construction lawyers can provide representation to ensure that construction projects can be completed per the terms of the contracts that are in place. We understand the importance of these cases for all sides, and wit our extensive experience and sophisticated counsel, we can help our clients come to a swift and just resolution.

Our firm has extensive experience addressing construction disputes. We can provide assistance to homeowners; Class A, B, or C contractors; sub-contractors; developers; or other parties. For more information about the issues we can help address, please read our article on clauses Virginia contractors must have in their residential consumer contracts to comply with the minimum standards established by the Department of Professional and Occupational Regulation or download our eBook Homeowners vs Contractors: Construction Law 101.

Below are the most common types of contract construction disputes and their legal implications.

Delayed Performance

Typically, both of the parties involved in a construction will be required to perform certain duties in a timely manner.

• Property owners are typically required to obtain permits, provide the work space, select materials, respond to questions about the design, approve or reject additional work requests, and review and pay payment applications.
• Contractors and subcontractors will usually be required to submit project schedules, order required materials, hire subcontractors, work with material suppliers, provide releases and lien waivers, and complete all work by the agreed deadlines.

If either party does not perform their duties within the proper timeframes, then the language of the contract will need to be examined to determine whether a party is justified in suspending performance per the contract.

Defective Work

Contractors are expected to perform their work in a workmanlike manner and in accordance with the plans and specifications for the project. When a contractor's work is defective, the property owner may:

• Demand that the defective work be corrected;
• Terminate the contract and retain a replacement contractor to correct the work; or
• Seek money damages for the cost to correct the work and for other consequential damages like delays, lost rents, or damage to other property.

A contractor's commercial general liability policy will typically cover consequential damage caused by the defective work, but it will not cover the cost to replace the actual defective work.

Failure to Pay and Right to Withhold Payment

Property owners and contractors have an obligation to pay contractors, subcontractors, and material suppliers within the proper timeframes. Under certain circumstances, the contractor may have been deemed to have abandoned the project by either leaving the project site or by failing to employ a sufficient quality and quantity of workmen. (Bd. of Supervisors v. Ecology One, Inc., 219 Va. 29, 245 S.E.2d 425 (1978))

Change Orders and Extra Work

Many construction disputes are related to change orders or the failure to use these orders when additional work needs to be performed. While construction contracts will typically include provisions detailing how the parties will handle changed or additional work, these terms may not be followed. This may lead to disputes about what changes were made, any increases or decreases to payment for a project, and the time needed to complete additional work.

Potential Causes of Action Against Contractors and/or Builders

A property owner may have several legal avenues to recover compensation for their damages, including:

• Breach of contract
• Negligence, which may address personal injury or property damages rather than being limited to economic losses (Blake Constr. Co. v. Alley, 233 Va. 31, 353 S.E.2d 724 (1987))
• Breach of warranty, including the implied warranty on new homes (Va. Code § 55-70.1)
• Misrepresentation and fraud
• In the event that the contractor has filed a mechanic's lien, then the homeowner may want to move to invalidate the lien in circuit court if it fails to comply with the statutory requirements under the Virginia Code.

Generally, the damages for a breach of a builder contract will be calculated based on the costs of repair. Damages for delays may also be recoverable depending on the nature of the contract and whether it has a liquidated damages provision. Some of the actual damages that may be recoverable due to a delay include:

• Higher costs of materials or equipment necessitated by the breach
• Additional fees and costs paid to construction engineers, architects, etc.
• Costs of extended construction financing due to the breach (i.e., loan interest payments)
• Lost profits
• Loss related to any warranty coverage

Contact Our Fairfax, VA Construction Dispute Attorneys

Our attorneys can secure results for our clients when the stakes are high. In construction cases, much time and money has been invested in a property, which is why we carefully and thoroughly investigate every case to build a strong argument on our client's behalf. Learn more about our notable case successes. Contact our office at 703-652-5506 to schedule an initial consultation with our skilled trial lawyers.