Construction & Renovation: Contractor Disputes Including Workmanship Quality Concerns, Among Other Issues

Question: What common legal disputes arise between property owners and contractors?

Answer:   Disputes frequently stem from allegations of defective or incomplete work by contractors, while contractors may counter with claims of non-payment from property owners.  Forseti Legal Services can assist in navigating these complex issues, ensuring that both parties understand their rights and obligations under construction law.

Common Disputes Affecting Contractors

Legal cases wherein the issue in dispute involves a property owner and a contractor are very common. In the Small Claims Court, disputes between a property owner and a contractor are an almost everyday occurrence. It is common that the allegations in construction law cases will involve a property owner alleging defective work or incomplete work and the contractor alleging failure of payment due.

Challenges

Construction law cases can be very challenging to litigate due to the extent of laws involves as well as the extent of evidence usually involved and the need for independent witnesses to inspect and provide expert reports as to what constitutes as proper workmanship and thus whether the trade standards or the contractual specifications for the project were met, valuation of the portion of work properly completed, among other things; and accordingly, even the seasoned legal professional may find construction law cases as burdensome to litigate. Disputes involving construction or renovation projects are often additionally troublesome as contractors and property owners alike will frequently begin a lawsuit without first obtaining proper legal advice.

Furthermore, lawsuits involving construction or renovation projects commonly include legal issues that go beyond defective workmanship issues and may also include concerns such as unjust enrichment, consumer protection laws, failures to mitigate, among other concerns.