Rochester Construction Litigation Attorneys

Protecting Your Business’s Interests in Construction Disputes

A construction project can be at high risk for errors and other issues. With so much at stake, it is important to protect your company’s investment and stake in each development. This typically starts with instituting carefully reviewed contracts laying out each participant’s obligations, including terms for dispute resolution. A robust contract will protect everyone’s interests if and when a problem develops.

Conflicts between your company and vendors managing a construction project can grow past what a contract can readily handle. In these situations, litigation is often the tool used to determine who is at fault and responsible for damages.

Our Rochester construction litigation attorneys can help you pursue action against vendors who fail to live up to their agreements. We can also work to defend your business from erroneous claims. We have a thorough understanding of how these types of contracts and cases are adjudicated. Our lawyers are prepared to do whatever it takes to protect your company.

Are you facing a construction issue that may require litigation? Call our Rochester attorneys at (585) 294-0303 or contact us online.

Our Construction Litigation Practice Areas

Construction conflicts that require litigation or mandatory arbitration to resolve come in many varieties and complexities. Some may be brought by a construction company against a property owner. Others will require your business to take action against a construction vendor to limit or recover losses.

Construction Defect Claims

Subpar quality of construction often leads to litigation if disagreements erupt over the sufficiency of the materials, methods, and resulting product. Quality of building materials and the skilled assembly of those materials are paramount to the safety of any project.

Some unscrupulous construction companies may attempt to cut costs by using materials of a lesser standard than what was specified. They might also rush their construction methods or hire unskilled labor to complete tasks that require expert knowledge.

A project that is poorly constructed could later become unsafe and consequently cause serious injuries, placing your business in legal jeopardy. Even if a problem is caught before project completion, failure to use sufficient materials or labor will result in delays and the need for additional resources.

If a construction company fails to build to the agreed standard, you may need to pursue a construction defect lawsuit. This litigation can help you and your company recover the damages for added costs.

Construction Delays and Missed Deadlines

Almost all construction projects will have a schedule and deadlines included in agreements made between property owners and construction companies. Late penalties will often be set for when a vendor needs additional days or weeks to complete the project.

Some delays in a construction project are inevitable. Exceptions will typically be specified for situations involving “acts of God," or unpredictable and uncontrollable factors like a natural disaster.

Other factors and circumstances are often not excepted but can still contribute to delays, including:

• Permitting problems
• Recurring inclement weather
• Supply chain issues
• Labor issues
• Other unanticipated problems found on the site

Open and frequent communication between your business and the construction company can help maintain realistic expectations. Such communications can identify situations where a schedule adjustment may be necessary.

No matter the reason for a delay or interruption, a project not completed on-time creates significant problems for your business.

If delays grow too frequent or appear to be from insufficient urgency, your company has a right to enforce the agreement. Your company can enforce its hard deadline and the associated penalties for missing it.

A construction company ultimately has a responsibility to anticipate problems, alter its methods, and meet deadlines. Should a construction company refuse to honor the agreed upon schedule or incur specified penalties, litigation will often be required.

Nonpayment and Breach of Contract

When your business works with a construction company, one of the most important aspects of the resulting contract will be payment terms. A robust agreement will include deliverables a construction company must meet to trigger payouts. These might be disbursed on a milestone schedule or be contracted into one or two bulk payments. In most situations, construction companies will not receive the entirety of their compensation until the project has been completed.

These types of conflicts tend to require a cautious and delicate approach. You must take special care to ensure you have the right to delay payment per your construction contract. Your business may have legitimate reasons for withholding payments, including the failure to meet one or more deliverables.

However, even if they neglected their responsibilities, construction companies will often threaten litigation if they are not paid in full. Because litigating these types of lawsuits can be a resource-consuming endeavor, you should consult with lawyers experienced in these matters. Our attorneys can weigh whether it makes sense to fight out a conflict in court. Where possible, we can help you identify a compromise, which could include partial payment.