Contractors can’t just focus on the quality of their work, the safety of their jobsite, and the scope of their projects. They also need to have a firm understanding of how conflicts occur on projects and how they can escalate into a legal situation. Whether it’s defense against a legal claim or pursuing litigation against a negligent owner, the construction industry has a history of disputes. Many types of construction conflicts need to be resolved in the legal system.
In this five-part article, the Memphis construction attorneys with Cotney Construction Law will discuss several of the conflicts that lead to litigation in construction. In this first part, we will focus on the importance of the construction contract in order to help you avoid the need for litigation and protect the best interests of your business. Remember, if your construction firm requires the need for an attorney that is highly experienced in litigation, a Memphis construction attorney is standing by.
Everything Begins with the Contract
Contractors must always consider ways to protect their business from legal claims. They also need to have an available outlet in case they need to pursue litigation. The contract is the foundation for all construction projects. Assuming you have a contract in place, most disputes begin with a breach of contract. This happens for a variety of reasons, mostly because a contractor elected to enter a vague agreement with another party. Contractors should always have their attorney review their agreement before they put pen to paper.
A well-written contract is essential to construction projects. A clear and concise contract provides both parties with protection while identifying the responsibilities of each professional. When contracts are effectively put into place, nothing is ambiguous and each party is aware of the risks associated with their role on the project, which savies all parties time, money, and stress. Poorly worded contracts can lead to a contractor getting slapped with a lawsuit or severely limit their ability to pursue a claim. Consult a Memphis construction attorney for contract drafting and review.
Most Common Disputes in Construction
We began our series by focusing on the importance of well-worded contracts rather than litigation. This is because the majority of construction disputes spawn from vague, boilerplate, or deceptive contracts. Although we don’t have enough time to cover every single type of construction dispute that leads to litigation, throughout this series, we will focus on some of the most common disputes, including:
- In part two, we will focus on disputes that stem from an unclear description of the scope of work defined in the contract. We will also discuss change order disputes.
- In part three, we will discuss construction delays and nonpayment issues.
- In part four, we will cover construction defects and injuries in the workplace.
- In part five, we will discuss malpractice and when professionals are terminated.
If you are currently experiencing a dispute involving any of these topics, please consult our Memphis construction attorneys. Remember, for litigation or arbitration services, contract review, third-party OSHA audits, or help filing a mechanic’s lien, our attorneys are standing by.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.