Construction Litigation Attorney in Rocky Hill, Connecticut
The construction industry produces small residential to huge industrial or commercial projects. It generates jobs for the vast majority of enterprises. The complexity of construction projects makes it impossible not to deal with numerous disputes between any of the parties involved.
Whether the construction dispute involves contractual obligations, the scope of work, workplace injuries, payment issues, design problems, or any other disputes, it can cause a significant impact. It can delay the overall development of the project. It can cause financial losses not only to the owner or developer and to all parties involved in the dispute and construction. It can also cause a lengthy, costly, and unwanted construction litigation court procedure.
If you are facing construction litigation and don’t know how to go, it is in your best interest to engage a credible construction litigation attorney who can guide and represent you during the entire procedure. Schedule a consultation with us now and learn how we can help you!
Why do I need a Construction Litigation Lawyer in Connecticut?
Contracts are the lifeblood of any construction project. All the obligations and liabilities of every party in all stages of construction should be clearly detailed in every contract. When a construction dispute arises, the construction contract will determine who’s liable and not. And you need a reliable construction litigation attorney to help you when this happens.
Darius Law Group has the necessary experience and knowledge in all stages of the construction process. Our lawyer can help you interpret your construction contract, analyze its terms and conditions, and identify whether your claim is substantial or not.
You can trust in our lawyer’s familiarity with the state and federal construction law. So what are you waiting for? Dial our number now and discover how we can help you!
What is Construction Litigation?
Construction litigation is an area of the law that deals with construction disputes resolved in law courts. It is considered one of the most complex legal proceedings as it involves various parties. The parties usually involved in construction litigation include owners, developers, contractors and builders, subcontractors, suppliers, engineers, architects, consultants, construction project managers, construction lenders, insurers, investors, and bonding companies. Government entities can also be involved in construction disputes, especially if the rules and regulations are violated.
Litigation in construction can happen at any stage of the construction process. As early as the commitment or early planning stage and up until construction completion, disputes can take place. It is often a high-risk process with huge damage compensation claims.
Construction litigation can also be extremely costly and time-consuming for all parties involved. That is why many construction contracts usually include clauses that allow for arbitration rather than litigation to resolve any possible disputes in the future. While this is a cost-effective and time-efficient method, there are times when construction litigation is unavoidable.
What Are The Common Causes of Construction Litigation in Connecticut?
There are various types of construction disputes that lead to litigation. These disputes involve different matters that relate to construction and they could range from simple to complex. Here are the common causes of construction claims and disputes that may proceed to litigation.
Breach of Contract
Every construction project usually has numerous contracts. Each contract details all party’s responsibilities and rights. Sorting out these responsibilities and rights against all parties can sometimes be challenging but contracts set everything in place. Construction contracts protect all parties involved from possible financial losses.
If the construction contract is breached by one party, the other may sue for damages. A contract may be breached if one of the following situations occur:
- One party did not perform their duties according to the scope of work
- One party did act in a way that prohibited the other pa,rty from performing their assigned duties under the contract terms
- An employee did something that violated their job contract
- One party did not perform within the scheduled time
Breach of contract claims is tricky. Pursuing a claim for breach of contract needs assistance from a reputable construction litigation attorney in Connecticut to help you interpret and maneuver the legalities in your contract.
Defects in construction typically occur when there is a failure to construct the building in a workmanlike manner. It can also happen if the structure failed to perform in a manner originally intended.
Construction defect litigations are commonly categorized into four:
- Design deficiencies – happen when there is an inherent flaw or error in a building design that renders it unreasonably dangerous. It occurs when engineering and architectural professionals failed to follow specific building codes and engineering standards during the design stage.
- Material deficiencies – include the use of inferior, substandard, or defective building materials that can cause safety problems and other issues like leaks on roofs and windows or cracks on concrete walls. Contractors may use a substitute material with a different grade that can result in malfunction and other damages to the property.
- Construction deficiencies – poor workmanship quality can result in multiple internal or external defects. Contractors may not be following building codes or intentionally trying to cover up poor construction work.
- Subsurface deficiencies – this occurs when the condition of the soil is not suitable for the structure being built. If the contractor failed to consider the subsurface condition of the site and did not lay a solid foundation on the ground, the structure will be unstable. Unsuitable subsurfaces may result in cracks on the building foundation, walls, floor, and other damages.
Construction defects are not only problematic to the overall project structure. It poses extreme safety issues that can affect not just the parties involved in construction but everyone who will use the property in the future. If you are facing construction defects disputes, you may want to consult with a knowledgeable Rocky Hill construction litigation lawyer.
Mechanic’s Liens and Payment Disputes
A mechanic’s lien serves as a guarantee of payment to contractors, subcontractors, and suppliers for the value of their services or goods provided if the owner or developer failed to pay them. It stays in effect until the project is finished and all the construction personnel has been paid.
Connecticut statute of laws allows any person involved during the construction with a claim for more than ten dollars to pursue a mechanics lien claim. A party seeking a mechanics lien claim must submit a Certificate of Lien to the local clerk within ninety days after the cessation of the furnishing of substantial labor and materials. They are also required to serve a true and attested copy of the certificate on the property owner no later than thirty days after filing.
Mechanics lien can result in multiple problems if it remains unresolved which include:
- Property foreclosure if the owner doesn’t pay the lien
- Double payment for the same job if the owner pays the general contractor and does not pay the subcontractors, suppliers, and manual laborers
- Recorded lien on the property title which can impact the owner’s ability to refinance, borrow money, or sell the property in the future
Legal advice from a credible construction litigation attorney in Rocky Hill, Connecticut is highly recommended to help you go through this complicated mechanics lien process smoothly.
Professional negligence occurs when a qualified, certified or skilled individual or company has breached their duty of care towards a client. Breach of care may involve a breach of contract, ignoring health and safety standards, or failing to carry out work to a high standard.
Professional negligence in construction may be visible in the initial design stage of a building project and until the construction stage. If a client suffered financial loss, damages, or any physical injuries as a direct result of professional negligence, they may pursue a compensation claim of professional negligence.
There are four elements that need to be proven for a professional negligence claim to be successful.
- The construction professional had a duty of care toward their client
- The construction professional breached that duty of care
- The client has suffered financial loss, damages, or injuries
- The financial loss, damages, or injuries were direct results of professional negligence
To help you solidify your case and establish strong evidence that will prove professional negligence, a credible Rocky Hill construction litigation attorney is what you need.
Personal Injury and Workers’ Compensation
Construction accidents refer to any accident that involves a construction worker or bystander that occurs on a construction site. If the victim of the construction accident is a construction worker, he needs to file a workers’ compensation claim. But if the worker’s accident is caused by the negligence of another contractor onsite, he may be able to file a personal injury claim against the contractor. On the other hand, if the victim is a bystander, he may file for a personal injury claim.
Accidents happen on construction sites despite efforts to mitigate risks of job site hazards. Equipment and machinery may malfunction and cause accidents, workers may fall or suffer injury from falling debris, and other different unavoidable accidents.
To protect the safety and welfare of construction workers and innocent bystanders from construction accidents, you need to consult a reliable construction litigation lawyer in Rocky Hill. They can help you fight for the compensation claim you deserve.
Construction insurances are designed to cover all the components involved in construction work. It includes everything from the tools construction workers use, the job site’s property, and all the people involved in that construction work. Insurance coverage disputes are common especially when property damage, physical injury, or any defect occurs that can trigger potential liability.
In construction insurance disputes it is crucial to determine who is liable and if the liability is covered by the insurance policy in place. Careful and thorough interpretation of the insurance coverage and policy clauses is important. A construction litigation attorney in Rocky Hill with extensive knowledge of construction insurance policies can help you protect your rights and pursue compensation claims.
What Happens During Construction Litigation in Connecticut?
Construction litigation can be complex. When construction disputes occur and contracting parties can not resolve their differences, they undergo a long, costly, and exhausting litigation process.
Below is a summary of what happens during a construction litigation case. It is strongly suggested to engage an effective and well-experienced construction litigation lawyer in Rocky Hill to represent you and guide you.
Client Consultation & Case Investigation
Case investigations help determine whether or not there is enough evidence to pursue a case. Your Rocky Hill, Connecticut attorney can help you establish your case and assess your chances of winning if you file a lawsuit. During consultation and case investigation, Darius Law Group law firm can help you look for witnesses, take their testimonies, gather evidence, and analyze all events leading up to the dispute.
Your Connecticut construction litigation lawyer may help you draft a variety of pleadings on your behalf. If you are the plaintiff, your attorney may draft the summons and complaint to start the lawsuit. If you are the defendant, your lawyer may investigate the allegations and draft your responses.
It is a process where both parties involved in the construction lawsuit share relevant information on the case. Information exchanged during the discovery process includes contracts, paperwork, and blueprints. Your construction litigation attorney in Connecticut may collect evidence through requests for production, admission, depositions, and interrogatories. This will help identify potential issues you can use in and it may also help you build a stronger case strategy.
During the pre-trial case, parties will try to work out and resolve the issue outside of the court. If the construction dispute will be resolved, there’s no need to proceed with litigation. But if both parties failed to arrive at a favorable resolution out of court, a court proceeding will follow.
Your trusted construction litigation can represent you during the pre-trial negotiation but if reconciliation was not achieved, they could begin preparing you for trial.
Once the trial starts, your seasoned Rocky hill construction litigation attorney will represent you in the court proceedings. They will give their opening and closing statements as well as identify the strengths of the case and weaknesses of the opponent’s case. They will prepare the witnesses for testimony and help develop persuasive arguments by presenting solid testimonies and evidence. They will also be in charge to draft and argue trial motions, examine, and cross-examine witnesses.
Settlement / Verdict
You can reach a settlement at any point during the litigation process. Parties can negotiate, reconcile, or try other alternative dispute resolution methods to resolve the issue while litigation is happening.
In cases where no out-of-court settlement occurred, the verdict on your case will be given by the judge at the end of the litigation proceedings.
If you did not receive a favorable court decision, your reliable construction litigation attorney may recommend submitting an appeal.
The entire construction litigation process can be lengthy, physically and emotionally taxing, and expensive. An experienced Rocky Hill construction litigation attorney can help you find ways to make this complicated process more cost and time efficient with a positive outcome.
Are There Other Alternative Dispute Resolution Methods?
Construction disputes do not always have to end up in litigation. There are other alternative dispute resolution methods you can consider that may be more beneficial to your situation. You can consult with your competent Connecticut construction dispute attorney for legal advice. They can help you analyze if other alternative dispute resolution methods may be the best course of action for you.
The state of Connecticut allows for construction contract disputes to be mediated, arbitrated, or adjudicated in or under the laws of the state.
Construction adjudication allows for construction contract disputes to be resolved more quickly and cost-effectively than dispute resolution through arbitration or litigation. It allows parties to quickly resume or continue work under the contract.
The adjudication process can be started at any time and only the parties involved are able to participate in the adjudication process. It starts when one of the parties notifies the other party of their intent to adjudicate. Once notified, the other party will have an opportunity to respond. An adjudicator will be appointed and review all the information available about the case.
The adjudicator is expected to render the decision within 28 days from the appointment. The adjudicator’s decision is considered binding unless or until the dispute is determined by court proceedings, arbitration, or mediation.
Another dispute resolution process where the parties involved agree to bring in a third-party arbitrator to decide on the matter is arbitration. The arbitrator can be an attorney or an expert in the field of the dispute. In some cases, there might be a panel composed of arbitrators each appointed by the plaintiff and the defendant, and the third arbitrator will be by the two. The arbitrator awards his verdict according to the law. The arbitrator’s decision is legally binding and can be enforced by the court.
During the mediation process in construction dispute resolution, parties nominate a third-party mediator to help both parties settle their dispute. Mediation can either be evaluative or facilitative.
Evaluative mediation is where the mediator gives an overall assessment of the legal standing of the case. He helps the parties to predict the court decision after careful evaluation of their case. Facilitative mediation on the hand is where the mediator assists the parties to identify and define the issues to arrive at a resolution that satisfies them both.
When the mediation process is successful, the resolution agreement is made in writing. It becomes a new legally binding contract that both parties need to abide by. If both parties fail to settle their dispute and are unable to reconcile in a manner satisfactory to both, they may decide to pursue litigation instead.
How To Avoid Construction Litigation?
No one really wishes to undergo the construction litigation process. But there are interests, rights, and businesses that can only be protected by construction litigation proceedings. Here are some steps you can consider that may help reduce construction dispute risks.
- Conduct proper planning before the construction work begin
- Stick to the work schedule and avoid any potential delays
- Document daily progress and any defects that may occur during construction
- Ensure that project schedules are realistic. Give enough allowance for possible work disruptions like weather or any defects
- All contract terms and conditions should be carefully drafted and evaluated
- Abide by the contract terms and ensure all parties are not violating any terms and conditions to avoid disputes
- Keep all communication documented in writing. Use of emails and other formal communication. Do not rely on verbal and undocumented communication
- Look out for common danger zones in construction – delays, quality, and design issues
- Implement a strict risk management strategy and consult experts in each technical field
- Critical issues should be discussed face to face
- Perform all contractual responsibilities and obligations timely
- Exercise your duty to mitigate if the other parties breach the construction contract
- Consult with an experienced and reliable Connecticut construction litigation lawyer as early as construction dispute arise
Call our Trusted Rocky Hill Construction Litigation Attorney Now!
The construction industry is multifaceted and complex. There are multiple key players engaged in different stages of construction development. And disputes among these key players are inevitable. From construction designs to materials being supplied, the construction workers, the timing, the quality of the structure, the observance of building code and engineering standards, etc, multiple issues may arise. Some may be settled out of court, others need to proceed to construction litigation.
Whether your construction disputes lead to litigation or not, you need a high-quality and cost-effective legal representation who can pursue your best interest all the time. Darius Law Group can do the job for you. We know how complicated construction litigation can be but our skillful attorney can help you overcome all challenges. Our construction law attorneys will also ensure you receive the maximum compensation claim you deserve.
Time is the enemy of any litigation proceedings. Do not waste any time. Schedule an appointment with our law firm now and let’s resolve this case in a cost-effective manner!