A construction project is normally a huge endeavor, requiring many different general and specialized contractors and subcontractors that all work to complete various aspects of the project until it is all completed and forms a whole, functioning structure – whatever that may be. The entire process is reliant upon everyone involved doing their job properly and to the best of their ability.
Construction disputes usually arise due to a combination of environmental and behavioral factors that, due to the complexity of such long-term projects, are virtually impossible to foresee at the beginning when the contract is being created.
There are some types of construction disputes that are more common than others. We are pleased to be able to handle a wide variety of different construction disputes, including the following:
By far the most common payment disputes revolve around money, and in particular, not being paid on time, not being paid the correct amount or not being paid at all. Whilst there are almost certainly clauses regarding payment set out in the initial contract since the scope of work can change within a construction project, sometimes this can muddy the waters where payment for specific elements of the development. Payments may be held back, but only if there are valid grounds for doing so.
Delays are a fairly common occurrence in any construction project. Often these are not the fault of any specific party but due to environmental forces such as inclement weather that is slowing or halting progress. However, sometimes delays occur where there is a party responsible, and although there are often disputes about who should be held liable, damages for non-excusable delays may be recoverable when the fault is determined.
Also known as snagging when they refer to minor issues, these refer to defective works that come to light after the project has been completed. This could be anything from weeks or months to years later. The majority of construction contracts allow a contractor to return to the site to rectify any defects within an agreed rectification period. However, if this access is disallowed then it may not be possible to recover damages for defects and snagging that have not been resolved.
Professional negligence disputes occur when it is believed that a professional involved in the construction project, such as a consultant or contractor, has not carried out their job with due skill and care. This can be something fairly difficult to provide evidence of, and many employers that are pursuing a construction dispute claims rely heavily on the support of their appointed construction claims management firm to build a case for professional negligence.
If you are involved in a construction dispute, there are many different approaches that can be used to try and resolve the issue and our team is experienced in helping you find the most suitable method of resolution for your circumstances. Our dedicated and experienced construction claims team would be happy to speak to you about the cause of your dispute and advise you if you have a case to claim damages. To schedule your consultation, please don’t hesitate to get in touch with Core Consulting Group Inc. in San Diego, CA by calling (858) 693-3008. We also have other offices throughout California and in Phoenix, Arizona and Orlando, Florida.