In the world of construction, whether it be commercial or residential, legal disputes will almost certainly arise at some point. Being prepared for this with a legal firm behind you and having all your bases covered will help a company prevent a potentially expensive settlement. However, knowing what to be prepared for will save you a lot of headaches.
As you read on, we will explain some of the typical legal disputes many companies and clients may become involved in, which could lead you to seek out legal assistance.
If there’s an injury that took place on a New Jersey construction site, then you may want to discuss options with a construction accident lawyer in New Jersey or possibly a construction accident lawyer in Toms River, New Jersey. A lawyer to weigh options on how to proceed and what route will yield successful results.
Professional negligence occurs when a construction worker fails to execute their tasks to the contract’s standard. Unfortunately, many construction workers may fall victim to this and be accused of being negligent in some cases. The following are a few of the typical construction-related cases:
Architects: It considered professional malpractice if an architect authorized a design of a building that does not meet building rules and regulations.
Contractors: A construction defect is the most prevalent type of professional negligence by a contractor can be accused of. This type of claim can result in a suit by an owner or third party.
Suppliers: Materials used on the project might also be a source of a construction fault or professional negligence lawsuit. A lawsuit may be filed if a faulty product is the cause in a build that has gone bad.
When there are a lot of components and people involved in projects, this may result in potential conflicts regarding delays. In most cases, a claim regarding delays is filed when a project exceeds its original deadline for completion, which is related to poor performance. Conditions of the work site, bad weather, labor or material constraints, or change requests by the client are some of the potential causes of a delay.
Clearly, a project delay may negatively affect the schedule a contractor has set to complete the job, resulting in a higher rate to finish the job. These delays are categorized as follows: Excusable, Inexcusable, Compensable or Non-compensable.
When a contractor faces an unavoidable delay categorized as “Excusable” and the client doesn’t pay for the additional costs, this may result in a legal claim.
Disputes Over Payment
Payment conflicts are common in the construction industry, and they almost always begin from the building contract. Its duties usually start with the owner and from there work their way down to the contractor or third parties. Payment disagreements may arise for a number of reasons, including:
– Badly written contracts: clauses in a construction contract that do not clearly indicate who is financially responsible for specific payment concerns might lead to a disagreement between the contractual parties.
– Delays: Any projects that pass the deadline may also lead to a disagreement over payments. When projects are delayed, whether due to a change to the work order or an error by the client, payments that are due may not be paid on time, resulting in a legal dispute.
– Domino Effect: When payments are not made, it can affected all parties involved. When the contractor isn’t paid, it might lead to a chain reaction where all workers begin to demand payment.
– Scope of Work: There are several details about a project that might lead to a dispute over payment. Maybe there was a miscommunication over the specific materials requested and the wrong materials were received.
Of course, if a contractor is seeking payment for an unpaid invoice, a lien is a viable alternative. Laws governing the timeline of filing a lein can be different in other states, but generally, there is specific timeframe that a contractor has to file a lawsuit.