No matter how long your construction business has been operating, you will eventually experience a dispute. When you do, you need to know your options. This is why construction firms rely on the advice of a knowledgeable construction lawyer in Franklin, TN. We can assess the circumstances of your dispute and provide you with accurate legal advice. In some cases, a dispute can be resolved with a demand letter. In others, litigation or arbitration may be the best option.
In this five-part article, construction attorneys with Cotney Construction Law are discussing common construction disputes that may lead to litigation. In this part, we will focus on construction defect disputes and workers injured on a jobsite. To catch up on this series, please read parts one, two, and three.
A construction defect dispute can arise during construction or well after a project has been completed. During a project, an owner could identify a potential flaw with the quality of work of a contractor or subcontractor. If the owner believes that the workmanship is subpar or failing to meet the specifications set forth for the project, they may request that the contractor or subcontractor repair or replace the work. If the contractor or subcontractor feels that the owner’s assessment is incorrect, this can lead to a dispute.
Other common construction defect disputes occur if a completed project fails to pass inspection or if a contractor or subcontractor fails to use the materials detailed in the contract. Lastly, there are many laws related to discovering construction defects and the statute of limitations involving construction defects. To learn more about defense against a construction defect allegation, consult a construction attorney in Franklin, TN.
Workplace safety is always of paramount importance on jobsites as construction projects introduce a significant level of risk to both workers and bystanders. Despite excellent safety practices, injuries happen on the jobsite everyday and sometimes the employer is at fault for these occurrences. If a worker ignores safety practices or is under the influence of drugs or alcohol at the jobsite, clearly, the contractor should not be considered at fault for any injury the worker experiences. However, if the contractor failed to train, educate, or provide a hazard-free work environment and a worker is injured, depending on the circumstances of the incident, the contractor may be liable. Depending on if a liability waiver form was featured in the contract, an owner could also be involved in a workplace accident dispute.
For more information on construction conflicts that can lead to litigation, please read part five.
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.