What Are The Different Types Of Construction Litigation?
February 15, 2018Posted on: February 15, 2018
Thousands of construction projects are happening in your city right now, and with these projects come contracts and legal obligations that contractors and owners involved need to follow. Construction law contains an immense array of contractual and statutory requirements and deadlines, and this area of law has grown significantly in recent years.
What Are the Different Types of Construction Disputes?
Construction litigation can be broken down into three main categories of project types: residential (single family homes and multi-unit housing), commercial (office building and retail stores) and industrial (manufacturing plants and factories). Depending on the project, the people involved are usually the property owners or the contractors. One example of a dispute is a general disagreement which arises over the scope of work involved for the project involved. Sometimes a contractor (and/or sub-contractor) will disagree with a specific detail in the work plans or may insist on additional payment for additional work they are being asked to perform which was not contemplated at the time the contract was entered (often referred to as a “change order”). Another dispute could involve a lack of detail or a failure to detail specifications in the work plans, which could result faulty construction. Lastly, a construction dispute can involve construction defects, which can be proven to be caused by negligence or a failure to follow good construction practices by the contractors.
What’s My Cause of Action?
The most common causes of action for a homeowner or property owner in a construction litigation are premised on strict liability, negligence and breach of contract. In California a contractor constructing a new residential project is strictly liable for construction defects causing damage to the residence. For other types of residential projects, such as remodels, commercial and industrial projects you can recover monetarily for the negligence of the contractor in causing damage to the project. Finally, if there is a written contract between the owner and contractor the owner can seek monetary damages for breach of the contract terms for claims based on delays in completing the project, cost overruns, construction defects, and expert and attorneys’ fees incurred in the pursuit of these claims.
Our attorneys at Ramey Law, P.C. are very experienced in construction litigation in Los Angeles, and we assist a wide array of clients that have been involved in a dispute. Contact us for help in your unique case.