Throughout this five-part series, a construction lawyer in Brentwood, TN, has provided you with several examples of construction conflicts that can lead to a serious dispute and even litigation. So far, we have covered the following topics:
- In part one, we discussed both vague contracts and allegations of breach of contract.
- In part two, we covered disputes over scope of work responsibilities and disagreements over change order requests.
- In part three, we talked about project delays and dealing with nonpayment.
- In part four, we focused on construction defect disputes and workplace injuries.
Although these are all common examples of construction disputes, there are many more ways a construction dispute can occur. There simply isn’t enough time to cover each and every type. With that being said, in this final part, we will cover a few more common construction issues: malpractice and termination.
Malpractice and Negligence
When you agree to a contract with another party, you are obligated to deliver a professional service. If another professional fails to meet the standard, this is considered malpractice. As we previously discussed, construction defects are one example of malpractice and negligence. Other construction issues that commonly lead to disputes between owners and contractors include:
- Failing to supervise a project
- Failing to comply with building codes
- Performing work without a license
- Ignoring OSHA citations
- Violating environmental standards
- Failing to disclose site conditions
- Not having workers’ compensation coverage for all your workers
As construction malpractice can involve a wide range of allegations and disputes, it’s important to consult a construction law attorney in Brentwood, TN, that has in-depth knowledge of construction law and can assess these types of cases.
Termination of Employment
If a contractor is terminated from a project by an owner, the owner must show cause. For example, if a contractor used cheaper materials than they agreed to use on a project or failed to pay their subcontractors, violated laws, or breached the contract, these are all valid reasons to terminate a contractor. However, if the owner violated their agreement with the contractor, this can also result in a dispute. As we discussed before, nonpayment is a common dispute between an owner and contractor that often leads to either perfecting a lien or pursuing litigation.
Consult a Construction Attorney
As we have discussed throughout this series, disputes are extremely common in the construction industry and, in many cases, they can result in lawsuits. It’s critical that construction firms are familiar with the reasons why these disputes happen in order to help mitigate these issues to reduce their legal spend. Of course, the majority of construction conflicts begin with a party either signing a vague contract or violating their contractual obligations. When this happens, it leads to disputes and plenty of other legal issues.
In order to grow your business and protect your assets from disputes and costly litigation, consult a construction lawyer in Brentwood, TN. However, in some cases, litigation is necessary. For any of your legal needs, including litigation services, speak with the knowledgeable and experienced construction attorneys at Cotney Construction Law.
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.