CONSTRUCTION DISPUTES

Construction disputes, or construction litigation, refers to legal disputes related to construction projects. These disputes can arise at various stages of a construction project and may involve different parties, such as contractors, subcontractors, owners, architects, and engineers. Construction litigation typically involves claims for breach of contract, defects in construction, delays, and other issues that may arise during or after the construction process.

Alabama has specific laws and regulations that govern construction projects. It's essential for all parties involved to be familiar with these laws, including building codes, zoning regulations, and licensing requirements. Most construction projects in Alabama involve written contracts that outline the terms and conditions of the project. Construction litigation often revolves around breaches of these contracts. Common contract breaches include delays, cost overruns, defective work, or disagreements over project specifications.

Litigation may also arise if there are defects in the construction work, including design defects, faulty workmanship, or the use of substandard materials. These defects can lead to property damage, delays, and additional costs. Delays in construction projects are also common and can lead to disputes over responsibility and compensation. Weather, unforeseen site conditions, and changes in project scope are among the factors that may contribute to delays.

Many construction contracts in Alabama include provisions for alternative dispute resolution (ADR) methods such as mediation or arbitration. These methods aim to resolve disputes more efficiently and cost-effectively than traditional litigation. If disputes cannot be resolved through negotiation, mediation, or arbitration, parties may resort to traditional litigation in state courts. The court will hear evidence, assess legal arguments, and make a judgment.

Construction litigation in Alabama can be complex, requiring a deep understanding of construction law, contract law, and related legal principles. Parties involved in construction projects are encouraged to seek legal advice and guidance to navigate potential disputes and to ensure compliance with applicable laws and regulations.

Common Home Buyer and Homeowner Construction Issues

From a home buyer's or homeowner's perspective, there are several common issues that can arise in the construction process that can cause frustration, delays, and financial challenges. These issues may arise during the planning, construction, or post-construction phases. Some common problems that homeowners and home buyers face include:

• Cost Overruns

One of the most significant concerns for buyers and homeowners is the potential for cost overruns. Construction projects can exceed their initial budget due to unforeseen issues, changes in project scope, or inadequate cost estimates.

• Construction Delays

Delays in project completion can occur for various reasons, including weather conditions, permitting issues, labor shortages, or problems with the supply chain. Delays can impact the buyer's timeline for moving in or utilizing the property.

• Quality of Workmanship

Buyers and homeowners may encounter problems with the quality of workmanship, leading to construction defects. This can include issues with materials, improper installation, or deviations from the agreed-upon specifications. Construction defects can compromise the structural integrity and aesthetics of the property.

• Communication Issues

Poor communication between the buyer/homeonwer and the construction team can lead to misunderstandings, delays, and dissatisfaction. Clear and effective communication is crucial for a successful construction project.

• Contract Disputes

Disputes related to the construction contract can arise, including disagreements over the scope of work, payment terms, and responsibilities. It's essential to have a well-drafted contract that clearly outlines expectations and obligations.

• Regulatory Compliance

Failure to comply with local building codes and regulations can lead to legal issues and delays. Buyers and homeowners should ensure that the construction team is knowledgeable about and adhering to all relevant codes and standards.

• Construction Permit Challenges

Delays in obtaining necessary permits can impede the progress of a construction project. Buyers and homeowners should be aware of the permitting requirements and potential challenges associated with the regulatory process.

• Changes in Project Design or Scope

Changes in the design or scope of the project can lead to additional costs and delays. It's important for buyers and homeowners to carefully consider and document any changes and their potential impact on the overall project.

• Insurance and Liability Issues

Buyers and homeowners may encounter problems related to insurance coverage and liability, especially if there are accidents or property damage during construction. It's crucial to have appropriate insurance policies in place to address these concerns.

• Post-Construction Issues

Even after the construction is complete, buyers and homeowners may face problems such as warranty issues, ongoing maintenance challenges, or lingering construction defects. It's essential to address these issues promptly to prevent further complications.

To mitigate these problems, buyers and homeowners should conduct thorough due diligence before selecting a contractor, have a clear and detailed contract, stay actively involved in the project, and work with professionals who have a proven track record of successful construction projects. Legal counsel is always preferable when navigating the potential challenges that can arise.

Construction Litigation

Construction litigation encompasses a wide range of disputes and legal issues that can arise during a construction project. Common issues that frequently become the subject of construction litigation include:

• Breach of Contract

Disputes often arise over alleged breaches of contract, where one party claims that the other failed to fulfill its contractual obligations. This can involve issues such as project delays, cost overruns, or failure to meet quality standards.

• Construction Defects

Litigation may occur when there are defects in the construction work, including design errors, faulty workmanship, or the use of substandard materials. These defects can lead to property damage, safety concerns, and additional costs for repairs.

• Payment Disputes

Disputes over payment are common in the construction industry. Contractors, subcontractors, and suppliers may pursue legal action to recover unpaid amounts for services, labor, or materials. Mechanic's liens are often involved in these cases.

• Construction Delay Claims

Construction projects frequently face delays, and disputes may arise over responsibility for these delays. This can include issues related to project management, weather, changes in scope, or unforeseen circumstances.

• Mechanic's Liens

Mechanic's liens are legal claims against a property to secure payment for work performed or materials supplied during construction. Disputes may arise over the validity of these liens, leading to litigation.

• Surety and Performance Bonds

Issues related to surety and performance bonds, which are often required in construction contracts, can lead to litigation. This may involve claims against a surety for non-performance or disputes over bond claims.

• Design Errors and Professional Negligence

Architects, engineers, and other design professionals may face litigation if their designs are alleged to be faulty or if they are accused of professional negligence in the planning and execution of a project.

• Regulatory Compliance

Failure to comply with building codes, zoning regulations, or other legal requirements can result in litigation. This may involve disputes with regulatory authorities or legal action by affected parties.

• Change Orders

Changes in project scope often result in change orders, which may lead to disputes over additional costs, delays, or modifications to the original contract.

• Insurance Claims

Construction projects involve various risks, and disputes may arise over insurance coverage for property damage, injuries, or other losses. Insurance companies, contractors, and property owners may be involved in such disputes.

• Termination of Contracts

Disputes can occur when one party seeks to terminate a construction contract, whether due to alleged breaches, financial issues, or other reasons. This may lead to legal action for wrongful termination or breach of contract.

• Environmental Issues

Construction projects may encounter environmental challenges, such as contamination, hazardous material handling, toxic exposure, or violations of environmental regulations.

Navigating construction litigation requires a thorough understanding of construction law, contracts, and industry practices. Parties involved in construction projects often seek legal counsel to protect their interests and resolve disputes effectively.

Snable Stevenson & Silva Can Help You to Recover

When it comes to construction disputes, legal representation and experience are paramount. At Snable Stevenson & Silva, our law firm boasts an exceptional record in successfully representing clients who have suffered damages due to construction disputes. Our multi-faceted approach, tailored strategy, extensive knowledge, and dedication to our clients are the cornerstones of our success.

Initial Consultation and Client Intake

Our process begins with an initial consultation where our lawyers carefully listen to the client's account of what transpired. We gather relevant information such as project plans and documentation, contracts and agreements, and any evidence of the error. Our team will also assess the extent of the damage suffered. During the client intake process, we build a relationship with our clients, ensuring that they feel supported and understood.

In-Depth Research and Investigation

Snable Stevenson & Silva is renowned for its meticulous research capabilities. We invest time in investigating the case to collect all pertinent information. This includes construction site visits, liaising with other builders, architects, and engineers to best understand the implications of the issue, and gathering evidence of negligence or error. Our law firm also stays abreast of the latest developments in legislation and case law regarding construction law.

Developing the Best Legal Strategy

Based on the research and evidence, our experienced attorneys craft a legal strategy tailored to the unique aspects of each case. The strategy outlines the best course of action, be it negotiation, settlement, or going to trial. The plan takes into account not only the legal aspects but also the personal circumstances of the client, ensuring that the course of action aligns with the client’s needs and objectives.

Damage Assessment and Claim Quantification

To ensure our clients get the compensation they deserve, our legal team meticulously evaluates the scope of damages incurred. This includes not only the expenses related to repair, but also pain and suffering, loss of wages, and any future costs that might arise due to the issue. Our attorneys are skilled at quantifying these elements to build a strong case for maximum compensation.

Negotiation and Litigation

Our attorneys are skilled negotiators. We often seek to resolve the case through negotiation with the opposing parties, as this can be less stressful and more expedient for the client. However, if a fair settlement cannot be reached, Snable Stevenson & Silva is fully prepared to take the case to court. Our litigators are aggressive and compelling in court, ensuring that our client’s story is told effectively and convincingly.

Client Communication and Support

Throughout the legal process, our firm prides itself on maintaining open lines of communication with our clients. We understand that construction dispute cases can be emotionally draining and confusing. We take the time to explain legal jargon, update clients on case progress, and address any concerns or questions. Our team provides not just legal expertise but also emotional support and guidance.

At Snable, Stevenson & Silva, our commitment to excellence, our comprehensive and personalized approach, and our relentless pursuit of justice make us the ideal partner for those seeking legal representation in cases of construction disputes. We employ our resources, knowledge, and compassion to fight for the rights and well-being of our clients, striving for the best possible outcome in each case.

Contact our Birmingham, Alabama Construction Dispute Lawyers Today for Legal Help

Have you experienced an issue with a contractor or with a construction project in Alabama? Contact Snable Stevenson & Silva for immediate legal assistance and advice. You may be able to pursue compensation for your damages, repairs, remediation, and other expenses. Our qualified Alabama construction dispute lawyers can help you fight to secure a full and fair award.

We offer a free case evaluation and consultation. Contact our law office in Birmingham, Alabama to schedule yours today. If you can’t come to us, we can arrange a time to visit you. Consultations can be arranged at the hospital, your home, or even your place of business. There’s a limited amount of time to act, so give us a call to get started today.