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Attorney ProfileLeesburg Construction Disputes Attorneys
Lawyers Addressing Disputes Between Property Owners and Contractors in Leesburg, Virginia
Multiple parties may be involved in real estate construction projects, including commercial developers, contractors, design professionals, engineers, and materials suppliers. Each of these parties will have their own obligations and goals, and construction contracts can ensure that the proper expectations are in place for how a project will proceed. When a project falls behind schedule or when other disputes arise, the project's budget and overall timeline may be affected, or the entire project could be threatened.
Taking steps to resolve disputes effectively can help ensure that a project will be able to proceed or that a party will be able to address the financial losses or other damages they have suffered. At Fox & Moghul, our lawyers can provide representation for property owners, contractors, or other parties involved in these disputes. We can take steps to address delays, construction defects, or other issues that have affected our clients, and we will work to resolve disputes in ways that will protect their interests.
Construction disputes will often involve technical issues related to construction work as well as a consideration of legal concerns involving contracts or building codes. Our attorneys can provide guidance on how clients can address financial losses or other issues while ensuring that a project can move forward whenever possible. We have vast amounts of experience in real estate law and construction law, and we serve as educators for others in the legal field while also representing our clients successfully in litigation.
Reasons for Construction Delays
Some of the most common sources of conflict on construction projects involve delays that may affect when work will be completed. Delays can arise for a number of reasons. Weather conditions, material shortages, and the unavailability of workers to perform labor can all cause a project to fall behind schedule. Delays can also occur because of disputes over the scope of work, unresolved questions about the design of a project, failure to obtain the proper permits, or other reasons.
How a delay may be addressed will often depend on the terms of a construction contract. Many contracts include provisions addressing excusable delays. These are sometimes called "force majeure" provisions, and they may allow a deadline to be extended without a penalty because of circumstances that are beyond a contractor's control. For example, unexpected weather that prevents work from being completed may be an excusable delay.
When a delay is not excusable, a contract may include provisions for liquidated damages. In these cases, a daily or weekly penalty may apply to the contractor when the project runs past the agreed completion date. If a contract does not clearly address how a particular type of delay should be handled, or if disputes arise about whether a delay was excusable, our attorneys can review a construction contract, determine what delay provisions apply, and take steps to negotiate a resolution that will protect our clients' interests. If necessary, we can provide representation during litigation when addressing losses caused by delays.
Payment-Related Disputes
On certain construction projects, disputes may arise about whether a developer or property owner has made payments as required. In some cases, a property owner may be able to withhold payment if they believe that a contractor's work is defective, incomplete, or inconsistent with the specifications for the project. An owner may also withhold payment connected to a disputed change order, and disputes may arise about whether additional work had been authorized or what payments will be appropriate.
When a contractor believes that payment has been wrongfully withheld, they may file a mechanic's lien against the property. This will create a legal claim against the property itself, and it will affect the owner's ability to sell or refinance the property until the dispute is resolved. A contractor may also be able to pursue a breach of contract claim seeking payment for the amount owed under the terms of the construction contract.
Our lawyers can help property owners understand their rights related to withholding payments, or we can help them dispute improperly submitted payment requests or mechanic's liens. We can also provide representation for contractors and subcontractors who have not received payments, and we can help file mechanic's liens and pursue breach of contract claims as they take steps to obtain the amounts they are rightfully owed.
Other Reasons for Construction Disputes
- Defective Workmanship: Disputes may arise when a property owner believes that work performed by a contractor does not meet the proper standards.
- Change Order Disagreements: Owners and contractors may disagree about whether certain work falls within the original scope of the project or whether a separate change order and additional payment will be required.
- Design and Plan Errors: A project may be delayed due to errors or omissions in architectural or engineering plans, or additional work may need to be required to correct errors that have been discovered. Disputes may arise over which party is responsible for the costs related to these errors.
- Permits and Code Compliance: Work that does not comply with local building codes or that was performed without the required permits can lead to liability. In some cases, work that has already been performed may need to be corrected, which can add to the costs of a project and lead to delays.
- Warranty Claims: When construction defects are discovered after a project is complete, the parties involved may disagree about the warranty period that applies and the remedies that may be available under a warranty.
Our attorneys can help clients in resolving these or other disputes that may affect construction projects. In some cases, we may help clients negotiate directly with the other party to reach a resolution. In others, we may provide representation during mediation or arbitration. When necessary, we can help clients pursue litigation or respond to lawsuits, and we will take steps to protect their rights and achieve positive outcomes to disputed issues.
Contact Our Leesburg, VA Construction Dispute Lawyers
Because construction disputes can threaten a project's budget and timeline while leading to financial losses for multiple parties, it is important to follow the correct steps when working to find solutions. At Fox & Moghul, our lawyers can provide the representation our clients need as they address concerns related to construction work. We will work to resolve disputes related to construction contracts, payments, or other issues that may arise while focusing on protecting our clients' interests. Contact our Leesburg, Virginia construction contract dispute attorneys at 703-652-5506 to set up a consultation.
