Construction Litigation Attorney in Phoenix
Providing Clients with Comprehensive Legal Services & Experienced Representation
Construction project disputes arise out of a variety of issues (i.e. non-payment, breach of contract, construction quality, workmanship disputes, etc.). While avoiding the time and expense of litigation is desirable, it is not always possible, and litigation is sometimes unavoidable.
At Folger Law Firm, our attorney has over 20 years of experience with construction disputes. Our firm is known for our skill and experience, professionalism, attention to detail, and commitment to our clients. If you are involved in a construction litigation dispute, you can trust our legal team to help you navigate the case and work towards the best possible results. In doing so, we do everything possible to reduce the cost of litigation to our clients.
What Is Construction Litigation?
Construction litigation is a unique area of the law that aims to resolve construction-related disputes in court. Most construction litigation matters arise because one contractor fails to pay another contractor for work, disputes over workmanship and defective construction, and delays during construction. However, it is important to note that disputes can arise at any stage of the construction process (from the time the parties enter into a construction contract to years after completion of the project).
Common Reasons for Construction Litigation
Construction disputes that result in litigation can arise out of a host of issues, including but not limited to:
- Nonpayment. As a contractor’s work is completed, payment applications are submitted to the owner or general contractor for payment. Withholding payment can amount to breach of contract, violation of Arizona’s Prompt Payment Act and other doctrines and legal theories. A contractor that has not been paid may be able to file a Mechanic’s Lien on the project property. Once filed, the Mechanic’s Lien attaches to the property and becomes an encumbrance on the property, preventing the sale of the property until the lien amount is paid.
- Quality of construction. If construction work is not performed in compliance with the construction contract and in a workmanlike manner, the contractor may be required to remediate and repair the defective work. If an owner discovers that inferior materials were used on a project, the owner may demand the materials be torn out and replaced with quality materials. Disputes commonly arise when the contractor completes its work in compliance with the project plans, however, the project plans are later determined to be inadequate. The question arises of who bears responsibility for the non-compliant work.
- Delays. Delays to construction projects occur when other contractors are slow to complete their scope of work, harsh weather conditions, issues obtaining permits, material shortages, and changes to project plans. These delays cost money and the owners and general contractors attempt to recover the costs from subcontractors, even when delays are not the fault of the contractor.
Contact Folger Law Firm Today
If you need help with a construction project dispute, we are here to help. We are known for being experienced, knowledgeable, and focused on our client’s needs. When we represent a client, we become personally invested and work tirelessly to obtain a just resolution.