Arlington Construction Disputes Attorneys

Lawyers Helping Resolve Disputes Related to Construction Work in Arlington, Virginia

During construction projects, property owners and commercial real estate developers may work with general contractors, subcontractors, architects, suppliers, and other people or companies. Each of these parties will have their own financial interests, and they will be required to meet certain responsibilities. Ideally, a project will be able to proceed smoothly, but that does not always happen. Issues such as delays, defective work, unpaid invoices, and disagreements over the scope of a project can lead to financial losses, damage to business relationships, and other problems.

In many cases, construction disputes occur because of misunderstandings or disagreements about the terms of a contract. Resolving disagreements is not always easy, and doing so will often require legal help from an attorney who understands the terms of construction contracts and the options available to the parties. At Fox & Moghul, we work with clients who are involved in construction projects to resolve disputes effectively while protecting their financial interests.

Every construction project will involve unique contracts, permits, and payment structures, and a variety of overlapping legal issues may affect the disputes that may arise and how they may be resolved. Our team has experience reviewing construction contracts, identifying the reasons for disputes, and finding practical solutions that protect the interests of our clients. We have the experience needed to help our clients achieve success in litigation, and our lawyers are leaders in this area of the law who educate others through seminars, published articles, and other methods.

The Role of Contracts in Construction Disputes

A construction contract will establish the ground rules for a project. It will detail the work that will be performed, the timeline of the project, details related to payments, and standards that finished work must meet. Because construction projects involve many moving parts and multiple parties, a well-drafted contract is often the single most important tool for preventing disputes before they happen.

Common terms found in construction contracts include:

• Scope of Work: A contract should include a detailed description of the tasks to be performed, the materials to be used, and the standards the work must meet.
• Payment Terms: The contract will detail the schedule for payments, including any milestone payments tied to the progress of the project and provisions detailing how change orders may affect payment.
• Timeline and Deadlines: The contract will detail the expected start date, completion date, and other milestones. It may also include penalties for delays.
• Warranties: The agreement will typically include promises regarding the quality and durability of materials or workmanship.
• Dispute Resolution Procedures: A contract may include language detailing how certain types of disputes will be handled, including terms requiring mediation or arbitration before a lawsuit can be filed.
• Termination Provisions: The parties should understand the circumstances under which either party may end the contract, as well as the obligations that will apply to each party after termination.

Why Contract Violations Can Lead to Construction Disputes

Some of the most common reasons for breaches of construction contracts include:

• Failure to Complete Work on Time: Delays may be caused by poor planning, weather, supply shortages, or mismanagement. These could prevent a project from being completed by its deadline and lead to increased costs.
• Defective or Substandard Work: When the work performed by a contractor or subcontractor does not meet the standards described in the contract or does not comply with building codes, additional work may need to be performed to correct the issue.
• Failure to Pay: Property owners, developers, or other parties may fail to pay contractors or subcontractors for completed work.
• Scope Changes Without Proper Documentation: Disagreements may arise when a contractor is asked to perform additional work or make changes to a project's plan without a signed change order specifying the added costs and time that will be required.
• Failure to Obtain Permits or Approvals: If a construction project proceeds without the required permits, fines or stop-work orders may be imposed.