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Construction Litigation

The Floyd Law Firm PC > Practice Areas > Construction Litigation
construction litigation

Construction Litigation

At The Floyd Law Firm PC, we represent property owners, design engineers, builders, architects, contractors, subcontractors, insurance companies, materials suppliers, laborers, and other parties that may find themselves involved in a legal dispute related to the construction industry. Our legal services include a multitude of aspects concerning construction law and litigation, and our attorneys have experience representing clients in complex real estate markets.

In an industry where litigation seems to be a frequent concern, knowledge about the common causes of construction litigation – and how to help clients through them – is important.

While issues may erupt at any moment, the majority of legal disputes involve contractual obligations, project delays, quality concerns, failure to pay, worksite injuries, and defects in workmanship or materials. There are legal avenues one can take to help protect themselves, their livelihood, their workers, and the whole company from the possibility of devastating lawsuits.

The Floyd Law Firm PC has a team of experienced and skilled construction law attorneys. Our litigators have successfully represented developers, homeowners, homeowners associations, contractors, and design professionals in a host of construction-related litigation.

The construction law attorneys at The Floyd Law Firm handle construction-related cases that may involve:

  • Alternative dispute resolution
  • Bid protests and award disputes
  • Breach of Contract, representations and warranties
  • Claims preparation and negotiation
  • Contract interpretation
  • Contractor licensing matters
  • Construction or Material Quality Defects
  • Defective design and engineering
  • Delays in delivery or construction
  • Failure to perform with the scope of work
  • Insurance coverage and claim disputes
  • Job site injuries
  • Mechanical and electrical defects
  • Mechanic’s Liens, Nonpayments and Disputes
  • OSHA compliance and workplace safety issues
  • Owner/developer project management representation
  • Problems with structural integrity
  • Property damage claims
  • Tort Law
  • Water intrusion, flooding, and mold
  • Worker’s Compensation
  • Zoning and Boundaries, Landowner disputes

Construction Related Breach of Contract

Often there are numerous contracts involved with any construction project, whether commercial construction or residential building. There are usually many parties to consider – often involving straightforward legal remedies when disputes occur – but sometimes legal issues can become complex between multiple parties and contract indemnification clauses.

Contracts are drafted to describe the scope of work, what party is to do what, and when projects are to be completed, and when payments are to be made. If contractual responsibilities are not upheld by any party, a legal claim for breach of contract may need to be filed.

Construction Defects and Quality

Some construction-related disputes are caused by the implication of poor materials, workmanship quality, or other construction defects. Construction defect litigation may involve several contractual parties such as the property owner, the architect or designer, the building contractor, or the material supplier. Dispute details could be related to design defects, workforce issues, liens, regulatory concerns, or a breach of contract.

Commonly, insurance coverage disputes within the engineering and construction industries relate to construction litigation. If a construction defect or similar problem leans towards any potential liability, then finding out what party is possibly liable will likely be a matter of interpretation of the contract and the respective insurance policy involved.

The overall quality of any construction project is very important because safety issues and building code failures could lead to terrible consequences. Any defects or issues that an owner may find in their completed structure, or building in progress, that cause a failure to pass inspection – most often lands on the shoulders of the contractor. There are cases and situations whereby the labor force may not have been properly skilled or the materials as put forth in the contract proved to have defects. If there are evident problems with the building structure that will need to be repaired or fixed it leads to more time delays and costs incurred.

Construction Delays

Property owners and developers often have a lot of financial interest in getting a project completed on time and within budget. Schedules get set for grand openings, real estate sales markets, and business ventures. When a delay occurs, the stress begins. It’s common for delays to be caused by bad weather, bureaucratic delays in paperwork and permits, and inspection schedules. Unfortunately, delays that stretch out too long are often seen as the responsibility of the contractor. Late material shipments, a lack of labor support, or safety and noise issues can cause delays – and while not directly the fault of the contractor – their signed written agreement might require a set completion date.

The contractor may incur penalties for every day or week or month that the project misses completion. Projects that fall months beyond the deadline can lead to disagreements that leave the contractor and the property owner at odds.

Payment Disputes and Mechanic’s Liens

Accounting for a large amount of construction-related concerns are payment disputes and issues involving mechanic’s liens. If you need defense against an unjustified claim for compensation or need help to obtain your payment, we can review the contractual obligations and the details involved to seek an equitable resolution.

Contractors may sue for nonpayment for completion of a project in which the owner does not remit payment as per the agreement. In the event of a non-payment, contractors can file what is called a mechanic’s lien – a document that is more than just a conventional lawsuit because it attaches to the title or deed of the property and will appear on public records. Subsequently, the property involved cannot be sold until the liens are paid. The property owner is then obligated to complete payment unless it can be proven that the contractor acted against the terms of the original agreement or contract.

Personal Injury and Workers’ Compensation

It is an unfortunate occurrence, but accidents can, and often do, happen on construction sites. Sometimes machinery-related accidents and falls are unavoidable despite the best efforts put forth by the contractors, the builders, and the subcontractors. Mitigating the risk of hazards on the worksite is always a priority, but not always a fail-safe.

There are a number of details and factors to investigate prior to determining who is ultimately at fault for an injury at a job site. Accident prevention measures are usually in place yet incidents may still occur on construction sites. Our firm provides defense representation for personal injury and workers’ compensation claims, as well as representation for clients who may have fallen victim to an unsafe work environment.

Our attorneys bring years of practical construction law experience to help you navigate through common construction-related legal disputes. We will attempt to reach a fair and expedient resolution for construction disputes, but in cases whereby resolution is not readily achieved, our attorneys can put their considerable litigation experience to work.

Additional Resources

Construction Litigation Attorneys serving Surfside Beach, Myrtle Beach and throughout South Carolina

Representing clients against commercial parties in construction litigation cases, to complex construction claims in trial and appellate courts at state and federal levels – our firm is committed to helping individuals as well as business owners. We work as a team when solving problems in construction litigation situations, and we understand how to protect our client’s interests. The Floyd Law Firm PC was one of the first firms in Surfside Beach, and we have been helping people for over 48 years. Our focus is on fostering long solid relationships with all of our clients.

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