Construction Contract Disputes

Construction law is complex. Therefore, it is essential to have a knowledgeable and experienced lawyer when involved in any type of construction law issue. 

Importance of Construction Contracts

Construction litigation is heavily premised in the contract between the parties involved. Therefore, it is essential to have your construction contract reviewed by an experienced lawyer prior to signing it. It is very difficult to change your obligations after the agreement has been entered into. Our attorneys are skilled at negotiating and drafting new contracts, redrafting or modifying a company's existing contracts, reviewing contracts prior to signing, and litigating breach of contract or other construction law issues.

Important Provisions in a Construction Contract

  • Indemnification
  • Insurance
  • Dispute resolution
  • Venue
  • Waiver of trial by jury
  • Arbitration/mediation
  • Interest on unpaid balance
  • Paid when paid
  • Price escalation
  • Change orders
  • Delay damages
  • Builder risk insurance
  • Risk of loss upon catastrophes
  • Defects and deficiencies
  • Force majeure
  • Disadvantageous contract clauses
  • Abandonment
  • Process for termination; wrongful termination
  • Attorney's fees
  • Economic loss rule
  • Liquidated damages
  • Limitation of liability

Common contract disputes arise when there are defects or deficiencies in the construction work performed, when a contractor abandons the project, or the owner or contractor terminates the contract. If there are terms in the agreement identifying how these issues should be handled, there may be less room for mistake or cause for litigation.

If you are contemplating entering into a contract, it is very important to ensure that the agreement clearly states what the parties are agreeing to and that you understand your obligations per the agreement. Our firm will advise you concerning necessary provisions and assist you to understand the terms. For experienced representation, contact our office to discuss how we can assist you.