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What are common reasons for construction disputes?

| Jul 24, 2020 | Residential Real Estate |

Even the construction of a family home is a complicated affair with a lot of moving parts to it.

The landowner, the contractor and subcontractors all have to work together to make sure that the house is built in a timely fashion.

They also must assure the home gets built to legal and contractual specifications and, perhaps most importantly, is safe, secure from the elements, and generally well-built.

With so many people involved, legal disputes are likely to arise.

Even setting aside employment-related issues like work comp, occupational safety and the like, a lot can go wrong whenever different businesses with different goals and ways of doing things come together to do a construction project.

The bigger project, the more likely disputes are, such that they are almost inevitable in a big project like a building, a condominium complex, or the like.

Contractual disputes

Many construction disputes involve issues between the developer and the contractor, or the contractor and one of the subcontractors, because of disagreements about the language of the contract itself.

For example, there can be a dispute over the terms of payment or, on the other hand, over exactly what sort of work the contractor or subcontractor was supposed to perform.

Construction defects

Other construction disputes arise when it becomes apparent that something has gone amiss during the building process.

To give a couple of examples that might resonate with South Florida residents, a house that settles rapidly or a building which takes in excessive moisture may have construction defects which, incidentally, can cost tens of thousands of dollars, or more, to fix.

Litigation involving defects can entail using a number of legal theories, including breach of warranty or breach of contract claims.

Also, responsible parties may have to pay compensation for legal negligence and, in some cases, may be held liable for their actions, even if they were appropriately careful and cautious in their work.

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