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Attorney ProfileLinton Hall Construction Disputes Attorneys
Lawyers Assisting With Claims Related to Construction Projects in Linton Hall, Virginia
There are a variety of reasons that construction disputes may arise during projects that make improvements or changes to real estate property. There are multiple options for resolving these disputes, ranging from straightforward conversations between the parties to lawsuits filed in court. The right approach will depend on the type of claim being made, how much time and money has been invested in a project, the losses that have occurred, and whether the parties may want to maintain a business relationship.
When a property owner is dissatisfied with a contractor's performance, they may have multiple ways to pursue remedies and require work to be done correctly or obtain compensation for their losses. Contractors who have not been paid for their work also have options, and they can take steps to recover what they are owed. The attorneys at Fox & Moghul can work with both property owners and contractors to pursue or defend against these claims.
Determining the steps that may be taken at the outset of a dispute can affect how quickly and successfully the matter may be resolved. Our lawyers will evaluate a situation carefully before recommending a course of action for our client. With our understanding of the laws that apply in these cases and the strategies for achieving success, we can provide the representation clients need to protect their rights and interests.
Claims a Property Owner May Bring Against a Contractor
When a property owner is unhappy with the work a contractor has performed, they may have several options for making claims, including:
Breach of Contract
A property owner may allege that a contractor failed to perform the work required under a construction contract. They can take steps to show that the contractor violated specific terms and did not meet their obligations. This may allow the owner to recover damages that may include the costs of completing or correcting the work. In some cases, damages may be determined based on the difference in value between what was promised and what was delivered.
Breach of Warranty
Construction contracts will typically provide warranties covering the quality of workmanship and materials used in a project. When a contractor's work fails to meet the proper standards, an owner may pursue a breach of warranty claim. This may be an option if a defect becomes apparent only after work has been accepted or a project has been completed.
Negligence
A negligence claim alleges that a contractor failed to exercise the proper degree of care while performing work. This type of claim can address the damages caused by a contractor's negligence, including defective work that was performed or unsafe behavior while working. A property owner's claim may address damage to the property itself or injuries that occurred because of negligence.
Fraud and Misrepresentation
A property owner may claim that a contractor knowingly made a false statement, such as misrepresenting their qualifications, providing false information about materials that would be used, or lying about the true costs of a project. If the owner relied on those statements when entering into an agreement, they may show that this led to financial losses. An owner may be able to recover damages that go beyond what would otherwise be available under a breach of contract claim, although they will typically need to prove that a contractor knowingly and intentionally made false statements.
Specific Issues That May Be Addressed by Property Owners
Many claims that property owners make against contractors will involve defective work. They may take steps to show that the work performed led to structural problems, that substandard materials were used, or that other issues led to work falling below the expected level of quality. In these cases, an independent evaluation may be needed to document the extent of the problem and the costs required to correct it.
Unreasonable delays are another issue that may affect construction projects. A contractor may fail to complete a project within the time specified in the contract. While there may be some acceptable excuses for delays, a property owner may seek damages from a contractor in a situation where delays were caused by poor project management, failure to order materials with enough lead time, or other failures by a contractor. Our attorneys can help property owners document the losses they have suffered because of defects or delays and pursue claims to recover compensation for their damages.
Steps Contractors May Take to Obtain Payment Owed
When construction disputes arise, contractors may struggle to obtain the proper payments for the work they have performed. In these situations, they may have several options for pursuing what is owed, including:
- Sending a written demand for payment that details the amount owed and the basis for the claim. If the property owner agrees to pay, this may resolve a payment dispute without the need for further action.
- Filing a mechanic's lien against the property, which will create a legal claim against the property itself. This can pressure the owner to resolve the dispute before they can sell or refinance their property.
- Filing a breach of contract lawsuit. A contractor may take steps to obtain the amount owed under the terms of the construction contract, along with any additional damages they have suffered because of nonpayment.
Our attorneys can help contractors and subcontractors understand their options for obtaining money owed to them. We will work to recover payments as efficiently as possible while protecting our clients' rights.
Contact Our Linton Hall, VA Construction Dispute Claim Lawyers
Whether a property owner is evaluating a claim against a contractor or a contractor is seeking payment for work they have completed, understanding the legal options that may be available is an important first step to take toward resolving a construction dispute. At Fox & Moghul, we can provide dedicated representation for clients who have encountered disputes, and we can help them pursue or defend against different types of claims. Contact our Linton Hall, Virginia construction dispute claim attorneys at 703-652-5506 to arrange a consultation.
