Commercial construction projects typically involve a large number of vendors and contractors, which, unfortunately, increases the likelihood that something will go wrong. Most disagreements that arise during commercial construction projects require legal action, and in many cases, the parties with the more experienced lawyers will prevail. As such, it is vital that anyone navigating the complexities of a construction project seek the assistance of an attorney. The knowledgeable lawyers of Croessmann & Westberg, P.C., are proficient at handling a variety of construction-related issues, and if you engage our services, we will gather the information needed to help you seek a good outcome.Preventing Commercial Construction Disputes
Commercial construction disputes can take years to resolve. The best way to avoid protracted litigation is to prevent disagreements before a project starts. For example, an attorney can identify issues with potential contracts that should be resolved before they are signed. They can also ensure that a contract includes provisions that will help foster a just and efficient resolution if a conflict does arise. Such terms may include arbitration and choice of law clauses.
Additionally, a legal team can help make sure that the parties involved in a project comply with any procedural requirements before and during the execution of the project to avoid issues like zoning or land use disputes. If a party breaches a contractual provision, an attorney can make sure that they provide the notice required under the terms of the agreement. In many instances, attorneys can assist parties in the negotiation process as well.Common Issues in Commercial Construction Projects
In some instances, issues arise on construction projects despite the parties’ best intentions. One problem that subcontractors and general contractors often experience is late or absent payments. In such instances, they may be able to file mechanic’s liens to secure an interest in the property, which can be used to force payment. Parties often challenge mechanic’s liens, however, and therefore they typically must be defended by a skilled attorney.
Other common issues that arise in commercial construction projects are those related to the actual construction of the property. For example, if there are defects in the construction, it may be grounds for pursuing a breach of contract or negligent construction claim. A breach of contract claim requires a party to a contract to prove that another signee failed to comply with their obligations under the contract, causing harm to the party pursuing the claim. A negligent construction claim, on the other hand, requires a party to prove that while the contractual obligations were met, they were performed in a careless manner, which ultimately resulted in harm to the party that filed the claim.
In some instances, mistakes made by design professionals like architects and engineers cause problems that arise in a commercial construction project. As such, the damaged parties may be able to pursue claims against the design professionals; similarly, if the general contractor is the target of a lawsuit, they may be able to join the design professionals as additional defendants. Whether design professionals will be deemed liable for issues caused by their negligence depends on numerous factors, including the terms of the contract and the laws of the state where the project lies.Speak to a Seasoned Construction Law Lawyer
There are numerous ways commercial construction projects can go awry, and disagreements can be costly to resolve. If you need assistance with a commercial construction matter, it is advisable to speak to an attorney as soon as possible. At Croessmann & Westberg, P.C., our seasoned attorneys are adept at helping avoid and resolve construction disputes, and if you engage our services, we will work tirelessly to help you seek your desired outcome. You can contact us via our online form or by calling us at (703) 483-3550 to set up a confidential consultation.