Our office has successfully handled all types of complex construction disputes, including but not limited to, defective work, failure to pay, delays, and mechanics liens. It’s rare for a construction project to proceed to completion without encountering problems. Below are the most common types of contract construction disputes and their legal implications. No matter the case, our Construction Lawyers represent all parties to ensure construction projects are fair and completed per the terms of the contracts in place. We understand the importance of these cases for all sides, and offer extensive experience and sophisticated counsel to come to a swift and just resolution.
Our firm has a noted expertise in such disputes, whether you are a homeowner or a Class A, B or C contractor, or a sub-contractor. 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 (“DPOR”) in 18 VAC 50-22-260.
Typically, both parties to a construction contract are required to perform in a timely manner.
If either party does not perform timely, then the issue becomes what the contract language states, and which party was justified in suspending performance per the contract.
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:
A contractor’s commercial general liability policy will typically cover consequential damage caused by the defective work, e.g., damage to other work, but 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 timely pay their contractors, subcontractors, and material suppliers. Under certain circumstances, the contractor may have been deemed to have abandon 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.
So many disputes arise over change orders, or the lack thereof. Most contracts contain a provision on how the parties are to handle changed or additional work; however, they are rarely followed by either party. A well drafted provision will require the parties to execute a change order that describes the change, the increase or decrease to the contract price, and whether the contractor will receive additional time.
A property owner may have several legal theories of recovery available for recovery of any damages sustained by the property owner.
Generally, the measure of damages for breach of a builder contract is cost of repair. Delay damages 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:
Our attorneys are trusted to secure the results when the stakes are high For construction cases, much time and money have been invested in a property, which is why we carefully and thoroughly investigate every case to build a strong argument on your behalf. Learn more about our notable case successes. Call our office in Fairfax at 703-652-5506 to schedule an initial consultation with our skilled trial lawyers.