Lawsuit or Arbitration: What You’ll Be Facing When the Deadline to File a Construction Defect Claim Approaches
Nothing can ruin your day quite like receiving notice of a construction defect. Knowing that your company could be facing litigation on a project you and your crew worked tirelessly on is enough to make any contractor reconsider their career. At Cotney Construction Law, we can’t abide by that. We’ve made it our goal to […]
Consult a Construction Defect Attorney Before Exercising Your Right to Repair
Construction defects are among the most common and costly sources of disputes in the construction industry. We’ve written numerous articles on the subject, all exploring what a contractor’s options are when they are hit with a notice of an intent to make a construction defect claim. In this brief article, we discuss why your first […]
2 Common Construction Defect Defenses in Tennessee
Construction defects are among the most common sources of litigation in the construction industry. While defects are often immediately apparent, it can take years in some cases for them to manifest. Unprepared contractors working out of the Volunteer State can be caught off guard by groundless construction defect claims. Fortunately, we’ve made it our mission […]
Coming to Terms with Significant Construction Defects
Defects are common in the construction industry, but the majority of these defects are insignificant and have little impact on the safety, structural integrity, or usability of a completed structure. After all, we don’t raise the alarm every time a driveway forms veins or hydrostatic pressure creates minor settlement cracks. That said, not all defects […]
The Kansas Construction Defects Act Part 2
In part one of this two-part series, a Wichita contractor lawyer from Cotney Construction Law covered various aspects of the Kansas Construction Defects Act. This important piece of Kansas legislation establishes rules for handling construction defects. For residential contractors in Kansas, compliance with this law could mean the difference between success and failure. To ensure […]
The Kansas Construction Defects Act Part 1
The Kansas Construction Defects Act was signed in 2003 by Governor Kathleen Sebelius. It established new laws regarding the construction of single family houses, duplexes, or multi-family units governed by an association. Manufactured homes were not affected. In this two-part article, a Wichita construction lawyer will discuss everything contractors should know about the Kansas Construction […]
Dealing with Defective Work Claims Part 2
In part one of this two-part series, a Nashville construction dispute lawyer from Cotney Construction Law discussed some important considerations for contractors who want to understand, prevent, and protect themselves against construction defect claims. Construction defect claims have the power to stop your current projects in their tracks while you’re forced to deal with an […]
Dealing with Defective Work Claims Part 1
Construction defects are one of the most common catalysts for disputes in the construction industry. In many cases, construction defects lead to costly and time-consuming litigation. This is because determining the one responsible can be difficult with so many different parties working together on the vast majority of construction projects. Defects can present themselves during […]
How to Avoid Being Blamed for a Construction Defect Part 2
A single mistake in the construction process can lead to a construction defect claim years down the line. This claim can cripple an otherwise flourishing construction company. The worst part? This construction company may not have even been responsible for the defect. In part one, we discussed why determining liability for a construction defect is […]
How to Avoid Being Blamed for a Construction Defect Part 1
Imagine that you’ve completed a construction project. All the planning, hard work, and late hours have resulted in successful project completion. Fast forward a few years. You’re now being informed that you’re responsible for a defect on that project even though you were only tangentially involved in it. This scenario is a reality for many […]