Considering the complexity and the significant number of people that are involved in a construction project, it is no surprise that construction litigations are becoming increasingly common. So, let’s discover some of the most common causes of construction litigation.
The Quality of Construction
There are various reasons why the quality of construction is extremely crucial. Let’s take a simple example. If a construction is not up to the right standard, it can pose a threat to all those who enter the building and can result into catastrophic outcomes.
If an owner finds out that there are issues with their finished buildings or if the structure does not pass inspections, it is evident that the blame will fall on the contractor.
Now, it is obvious that if a construction process does not match the contract drawings and specifications, and if the contractor has not followed the specific guidelines as stated in the construction contract, this can become a cause for construction dispute. For example, one reason for poor quality construction could be that the materials used were of lower quality than what was agreed upon.
However, there are some cases where these claims can be refuted. But, either way, poor construction quality can often result in construction litigation.
Construction Project Delays
Do you know what the most significant stressor for construction projects is? Construction delays!
Construction projects often end up with several unforeseen delays, and it is indeed true that these delays are usually not the fault of the contractor. For example, delays can be caused by weather, permits, lack of materials and labor, noise and so on. But, there are some written agreements that require a completion date. This represents a possibility that the contractor can incur penalties for all delays after the agreed completion date.
As a result, this often leads to disputes and the only solution to the problem is by hiring a Construction Expert Witness service like Kane Construction Management Inc.
Suppose you are a contractor and upon the completion of a project, the owner has not given you the agreed-upon compensation. Did you know that you can sue them for nonpayment?
For instance, in some cases of nonpayment, contractors have filed a mechanic’s lien. This is simply a legal claim which is made by contractors or subcontractors when they have not received necessary payments. And, let me tell you that these legal documents go further than just a standard lawsuit. As a matter of fact, they become attached to the property’s deed and appear on public record.
What does this mean? It means that the property cannot be sold until the liens are dealt with. And, unless the contractor has breached any terms of the contract, it is compulsory for the owner of the construction project to complete the transaction.
Now, even if safety protocols are being followed and safe and high-quality equipment is being used on a job site, there is still a chance for an accident to occur on construction sites.
Neither the contractor nor the owner would want a worker to get injured, but it is essential to consider who is at fault if it does happen. For instance, if the worker has intentionally put himself at risk, he is responsible for his own actions. But, if the worker didn’t receive proper safety education, proper equipment to work with and was working in unsafe conditions, then the liability would definitely fall on the boss.
If you are facing any type of construction dispute as indicated above, don’t wait to contact Kane Construction Management Inc today for their expert construction witness services!