What is construction litigation?
Simply stated, construction litigation is the process of contesting a construction legal matter in court as a way of resolving a dispute. It is not uncommon in the building industry for adversarial positions to arise, general contractor to owner, contractor to subcontractor, and so on, and more often than not these disputes end up in court.
Some of the common areas for construction litigation are:
- Design defects – final product not different from specification provided
- Construction defects – full list of potential issues from inferior quality supplies to substandard workmanship
- Construction delays – ranging from a few days to complete non-performance
- Breaches of contract – a failure, without legal excuse, to perform any promise that forms all or part of the con
Stan Bachman, a founding partner at MSB, worked in the construction industry for years before becoming a construction lawyer. He has represented both plaintiffs and defendants in litigation involving liquidated damages claims, construction and design defects, breaches of contract, performance and payment bond claims, Miller Act bond claims, prompt payment act claims, and foreclosing on mechanic’s liens.