As St. Petersburg construction lawyers, we know that before construction work commences there needs to be a contract in place. We also know that despite a well worded written agreement there is always a chance of a breach of contract claim by any party involved in the agreement. At Cotney Construction Law, we represent contractors and construction professionals in legal disputes. We offer our construction clientele defense against breach of contract claims by owners. We can also aggressively pursue a claim on behalf of our clients against an owner as well.
In this two-part article, we will discuss some of the most common reasons why breach of contract claims are filed on construction projects. If you are a construction professional, you require a knowledgeable and experienced St. Petersburg construction attorney to draft, revise, and review your contracts to ensure you are protected.
Failure to Perform
In some cases, a general contractor may put pen to paper, but may never actually perform the contracted work they promised to do in writing. In other cases, the owner may agree to a contract with a contractor, but then elect to have a different contractor actually perform the work. There are many ways that a failure to perform dispute can transpire on a project and many reasons why one party failed to perform their end of the agreement.
In the construction industry, deadlines are always a popular talking point. Projects can cost a lot of money and contractors and subcontractors need to be wary of these agreed upon deadlines or else they may be in breach of contract. It’s often disputed whether or not certain delays were reasonable or not (for example, was this a force majeure situation?). However, change orders and request for time extensions are always critical processes to undergo to avoid these legal disputes.
Construction defects are the most common reason why breach of contract claims are filed. If the contractor completed the work, but the overall scope of the work failed to meet the contract’s standards of performance then the owner may want to recover damages. It’s a safe bet that if construction defects are discovered at the conclusion of a project, the owner will want to recover direct or consequential damages. For defense against owners, speak with a St. Petersburg construction attorney.
Please read the second section of this two-part article to learn more about the types of damages claimants attempt to seek when filing a claim.
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.