What are my options when construction fails to meet expectations?

| May 12, 2020 | Construction Law |

When you have a construction company draft up plans for a new building or renovation, you expect to receive a product similar to what the architect’s master plan dictates. When errors occur, or the construction company makes changes to the design without notifying you, the result could be disruptive to your intentions for the space. Construction projects are guided by a series of contracts and legal documents regarding the type of structure and its intended use. For commercial real estate products, these legal obligations are often extensive and complicated.

Settling construction disputes

For large-scale projects, disputes will inevitably arise over time. Whether these disputes concern the scope of work, the plans and specifications of a project, or construction defects, you want to make sure that your construction company fulfills its obligations. When it comes to construction defects, litigation is a common method for binding resolution. Here are some of the legal agreement violations that could produce actionable results for a construction dispute:

  • Breach of warranty: A company or contractor often provides for a certain period guaranteeing against certain construction defects.
  • Breach of contract: This breach could involve any work that doesn’t meet the agreed-upon expectations documented for a project.
  • Strict liability: This form of liability applies most often to contractors who perform work during a construction project that fails to meet the expected designations and timelines.
  • Negligence: If a construction company or contractor is negligent in a way that causes damage to property, injures a person or people, or grossly fails to meet safety or other standards could be eligible for a negligence cause of action. This liability does not necessarily apply to the environmental or climate-related damages, commonly seen in Florida.

Exploring your options in a construction dispute

If you’re considering starting litigation to settle a construction dispute, contact a lawyer with experience in commercial law who can assess your situation and guide you through this complicated process.