- Home
- About
- Careers
- Practice Areas
- Business and Corporate Law
- Business Formation and Structuring
- Asset and Stock Purchases and Sales
- Trademark and Copyright
- Mergers & Acquisitions
- Business Valuations and Buyouts
- Business Financing and SBA Loans
- General Counsel Services
- Founders Agreements
- Shareholder Agreements
- Non-Compete, Non-Solicitation, and Non-Disclosure Contracts
- Joint Venture Agreements
- Licensing
- Asset Protection
- Franchise Agreements
- Business Dissolution and Restructuring
- Business and Commercial Litigation
- Real Estate
- Real Estate Fraud & NVAR Residential Sales Contracts
- Construction Disputes & Mechanics Liens
- New Home Construction and Builder Contract Disputes
- Asset Protection
- Easements
- Boundary Line Disputes
- Quiet Title Actions
- Adverse Possession Claims
- Injunctions, Nuisance, and Trespass Claims
- Title Litigation
- Real Estate Deeds
- New Deed Request
- Commercial Property Acquisitions, Sales, and Development
- Commercial Leasing Disputes
- Landlord-Tenant Disputes
- Real Estate Brokers & Agents
- Condominiums, HOA & Cooperatives Law
- Partition/Allotment Actions
- Mold, Asbestos, and Toxic Torts Defense
- Hard Money Loan Agreements
- Real Estate Investors
- Property Managers
- Wholesaling Agreements
- Estate Planning
- Estate and Trust Litigation
- Business and Corporate Law
- Media
- Blog
- Contact Us
703-652-5506
Attorney ProfileFalls Church Construction Dispute Attorneys
Lawyers Helping Clients Resolve Disputes Related to Real Estate Construction in Falls Church, Virginia
Construction projects will involve many moving parts as plans are created, contracts are put in place, materials are purchased, and work is performed by contractors. Disagreements can arise at nearly any stage of a project, from early disputes over what work is required under a construction contract to problems that may not be discovered until after a project has been completed.
While some construction disputes may involve honest differences of opinion about how a contract should be interpreted, others may occur when one party has failed to meet their legal obligations. The attorneys at Fox & Moghul can determine the best approach to take when addressing different types of disputes, and we will work to protect our clients' rights in these cases.
Resolving disputes effectively will require a careful review of construction contracts and the facts of what actually happened during a project. Our lawyers understand how to analyze the language in contracts and review the evidence involved in a case as we take steps to resolve disputes effectively. With our comprehensive knowledge of the legal issues that may affect these cases, we can not only provide the level of representation our clients need, but we also serve as educators to ensure that other professionals will be able to handle matters related to construction litigation and real estate law correctly.
Scope of Work and Change Order Disputes
The scope of work section of a construction contract will define exactly what the contractor has agreed to deliver. Disputes can arise when vague language or unclear terms allow for differing interpretations of what work should be performed. A property owner may believe that a particular task was included in the original price, but a contractor may claim that certain types of work fall outside the agreed scope of work. These disagreements can stall a project entirely if the parties cannot agree on how to proceed.
Change orders can be used to document additional work and its associated costs. However, disputes may also arise when the parties disagree about whether a change order was properly requested and approved, whether the price for the additional work is reasonable, or whether payments may be made for work performed without a signed change order. A contract that requires written approval for any changes to the scope of work and details how the price of additional work will be calculated can reduce the likelihood of these types of disputes. Our attorneys can review change order provisions and records and communications related to a project to determine what compensation, if any, may need to be paid for disputed work.
Delays and Responsibility for the Late Completion of a Construction Project
Delays often occur during construction projects. Some delays may be caused by circumstances that are outside anyone's control, such as severe weather or a supply shortage that affects an entire region. Contractors may be excused from responsibility for delays that could not be foreseen or were unavoidable. However, contractors may be held responsible for certain other types of delays, which may include:
- Understaffing a project or failing to provide enough skilled labor to keep work on schedule
- Poor sequencing or scheduling of work, which can cause tasks to be delayed until other tasks have been completed
- Failing to coordinate effectively with subcontractors, which can result in gaps between when one type of work may be finished and when another can begin
- Failing to order materials with enough lead time
- Performing work that must be redone due to quality problems
When a delay has been caused by a contractor, the owner may be entitled to damages under the construction contract. Many contracts contain provisions that specify a set amount that a contractor will owe for each day a project runs past its completion date. In other cases, an owner may take steps to recover compensation for losses they have suffered because of a delay. Our lawyers can help owners determine whether a delay may be excusable or whether damages may be available for delays caused by a contractor.
Addressing Issues Discovered After the Completion of a Construction Project
Problems that occur during construction projects may not be discovered until months or years later. Substandard work or the use of incorrect materials may go unnoticed until well after a project has been finished. These issues may be uncovered when defects lead to visible damage or inspections reveal problems. When a property owner learns that a contractor has failed to perform work correctly, they may take steps to recover compensation for the damages that have occurred as a result.
Certain time limits under Virginia law may apply in cases involving breaches of construction contracts. A property owner will need to ensure that claims are filed within the appropriate deadlines after the completion of construction projects. When a defect is discovered, consulting with an attorney promptly can help ensure that a property owner's rights will be protected. Our team can evaluate these matters and make sure the right steps are taken to address construction defects. We will gather evidence and expert opinions showing that work did not meet the proper standards or that the incorrect materials were used, and we will help clients obtain compensation for the costs of correcting these issues.
Contact Our Falls Church, VA Construction Dispute Lawyers
Whether construction disputes are related to the scope of a project, payment for the work that has been performed, delays, defects, or other issues, Fox & Moghul can help clients understand the best ways to protect their interests and resolve matters successfully. We have the litigation experience needed to advocate on behalf of our clients and protect their financial interests. Contact our Falls Church, Virginia construction dispute litigation attorneys at 703-652-5506 to schedule a consultation.
