The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Call: (951) 221-4744

  • Our Firm
  • Attorney Profile
  • Practice Areas
    • Real Estate Law
    • Construction Law
    • Foreclosures
    • Business Law
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Contract Disputes
    • Insurance
    • Loan Modifications
    • Personal Injury & Wrongful Death
  • Case Handling
  • Clients
  • Blog
  • Contact

Understanding and Avoiding Construction Litigation

November 7, 2022 by Mark Mellor

Construction litigation can cause construction projects to come to a screeching halt and lead to financial loss. To avoid this, it’s important to understand what commonly causes litigation in construction matters. Once you know what can trigger litigation in construction matters, you can take steps to avoid it from occurring. Avoiding construction litigation should be every construction company’s top priority.

What Is Construction Litigation?

Construction litigation is a specialized area of civil law that deals with construction-related disputes. These disputes can arise between any parties involved in a construction project, including owners, contractors, subcontractors, suppliers, and design professionals. It may also be necessary when construction defects cause damage to unrelated third-party property, and/ or injuries to third parties unrelated to the work of construction itself.

Types of Construction Disputes

There are many different types of construction disputes that can lead to construction litigation. Some of the most common construction disputes include:

1. Injuries

Construction work can be a dangerous job. Every year, construction workers are injured or killed on construction sites due to falls, equipment malfunctions, and other accidents. If you or a loved one has been injured in a construction accident, you may be able to file a personal injury lawsuit against the responsible party.

2. Breach of Contract

A breach of contract occurs when one of the parties involved in a construction project fails to live up to their obligations under the contract. One of the top causes of disputes is a failure to understand or comply with contractual obligations and/or the standard of care. This can happen for several reasons, including failure to pay for work, failure to complete work, or poor quality of work.

3. Construction Quality

Construction quality disputes can arise when a construction project is not completed according to the plans and specifications, or when the construction work falls below the required standard of care.

4. Delay Claims

Delay claims can be caused by a variety of factors, including bad weather, delays in receiving construction materials, poor construction built below the standard of care, and/or construction accidents. Delay claims can be filed by either the owner or the contractor, and can often lead to construction litigation.

5. Change Orders

A change order should be prepared if the construction plans need to be changed after the contract has been signed and/or construction has commenced. A change order is a legal document that outlines the changes that have been made to the construction plans. Written Change Orders should be used whenever the scope of work for a construction project changes in order to memorialize the agreement to make changes.

6. Construction Defects

Construction defects are construction disputes that occur when there are problems with the construction work itself and it falls below the standard of care and/or violates building codes. Construction defects can include anything from faulty construction materials to poor workmanship that falls below the standard of care, to improperly designed plans and specifications.

7. Payment Disputes

Payment disputes occur when one of the parties involved in a construction project does not pay for work that has been completed. Payment disputes can be caused by many factors, including non-payment of invoices, delays in payment, or disputed charges for work completed or work done improperly. Payment delays occur when the contractor does not receive payment from the owner in a timely manner and/or does not pay his subcontractors and/or material men in a timely manner.

Tips for Avoiding Construction Litigation

There are a few key things to keep in mind if you want to avoid construction disputes:

  • Make sure all parties are aware of and agree to the construction contract before work begins in writing.
  • Make sure construction is carried out in accordance with the contract plans, specifications, building codes, and standard of care in the industry.
  • Periodically review the construction project to ensure that it is proceeding according to schedule and that all changes are authorized in writing.
  • Resolve any construction disputes promptly and amicably.
  • Consult with an experienced construction lawyer before or when a dispute arises.

Receive Legal Guidance from Mellor Law Firm

If you are involved in a construction project and have questions about construction litigation, contact our experienced construction lawyers at Mellor Law Firm. We can help you understand your rights and options, and we will work tirelessly to protect your interests.

Filed Under: Construction Law Education Tagged With: construction attorney, construction law

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

Follow Mellor Law Firm

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Our Areas of Practice

  • Real Estate
  • Construction Law
  • Mechanic’s Lien – Stop Notice
  • Foreclosures
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Navigate

  • Home
  • Our Firm
  • Mark Mellor
  • Practice Areas
  • Case Handling
  • Clients
  • Resources
  • Contact
  • Blog
  • Privacy Policy

Practice Areas

  • Real Estate
  • Construction Law
  • Mechanic’s Lien – Stop Notice
  • Foreclosures
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It
  • Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You
  • You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney
  • Top Types of Real Estate Scams in 2022 and What We Can Learn From Them

Follow Us

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Contact our offices

The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

The Mellor Law Firm, APLC © 2023. All Rights Reserved.