In construction, contracts are vital to the success of any construction project and agreements with partners like suppliers, vendors, and subcontractors. These contracts not only highlight the details of the project or the arrangements made, but they also contain legally binding protections that can be used should anyone break the contract’s terms. When the contract terms are broken somehow, litigation is the best option to resolve it, and a construction lawyer can assist you during these proceedings.
If this happens to your company, you can contact our Boston contract litigation legal team at David R. Mullany, Esq. We provide legal representation and advice for clients who wish to navigate the legal process of having their contract concerns resolved through litigation. You can trust us to fight for your rights and demand just compensation for the violation done against you and your business.
Call David R. Mullany, Esq. at (978) 549-8900 for your Free Consultation with a Boston Contract Litigation attorney!
What is Contract Litigation?
Contract litigation, whether in business or construction, is a legal process used to resolve any disputes that may arise between parties because they failed to fulfill the terms of the contracts with the help of the court. The court, or a jury, will examine the contract to see which party should be held liable and enforce the contract.
Common Construction Contract Disputes
In construction, contract litigation is triggered when the following disputes occur:
Breach of Contract
When a party fails to abide by its responsibilities as per the contract, it is considered a breach of contract. This could be the party delaying their work, failing to pay on time, or abandoning the project altogether. Litigation is highly recommended for these scenarios as it can enforce the contract or recover damages.
Scope of Work Disputes
If the contract is written with vague terms and does not fully detail the scope of the project, it can lead to disputes. These contracts can also lead to contractors, project managers, and the project owner taking on additional work that is unaccounted for in the contract, meaning it may not be paid.
Delays and Liquidated Damages
Many factors can lead to project delays, from natural disasters and project revisions to payment delays. When these occur, parties may argue who should be responsible for them. Our legal team can review these claims, activate litigation, and pursue liquidated damages. We can defend you if you are held responsible for the delays.
Defective Work and Quality Issues
In cases where there are areas in the construction that were done poorly or have defective parts, it can cost money for repairs and even lead to contract terminations. In these situations, you can trust us to help you pursue remedies and identify the liabilities you must pay once you are liable for the defective work.
Payment and Retainage Disputes
Contract disputes can also involve late payments, underpayments, or withheld benefits. We can pursue these payments and enforce your rights to bond claims or mechanics’ liens.
Our Boston contract litigation lawyers can represent clients in these disputes and identify if there is a contract dispute that requires litigation to resolve that you may not have noticed before.
Types of Contract Litigation for Construction Cases
Depending on the nature of the dispute, several litigation options are available for construction contract disputes.
Court Adjudication
Court adjudication entails having both parties have a third-party, either a judge or a jury, to determine who should be held responsible for the dispute. The decision of the judge or jury is legally binding, but all parties must agree to use the ruling for it. If not, they will have to explore lawsuits to resolve the dispute.
Lawsuit
In lawsuits, one party files the lawsuit against the other and brings the case into the court. Lawyers, like us at David R. Mullany, Esq., will represent either party, and a judge or jury will listen to the position of both parties. The judge or jury will review the evidence and decide whether the other party is guilty.
Many avoid this specific process because it is long and very expensive. However, the decision is legally binding regardless of the parties’ decisions, and the loser will be ordered to pay court fees.
Small Claims Court
For disputes involving small contract amounts, the small claims court is the best litigation option to consider. In this option, one party files a lawsuit against the other and has their claims heard before the court. Like lawsuits and court adjudication, the decision of the small claims court is legally binding.
Lien
You may also consider seeking a lien against the property. A lien on a property will require the project owners to pay any unpaid invoices before they are allowed to sell the property or seek refinancing. The property will be put into foreclosure if they cannot pay the invoice, and the amount will be divided among the parties that are owed.
Whichever litigation option you aim to avail yourself of for your contract disputes, you can trust David R. Mullany, Esq. to help you understand these options and ensure that you are guided as the process takes place.
How David R. Mullany, Esq. Can Assist Your Boston Business
The Boston contract litigation lawyers of David R. Mullany, Esq. understand that legal advice and representation should differ for every case. This is why when you reach out to us for your contract litigation needs, we will take our time to get to know the case and what challenges you may face to determine how we can assist you during the litigation process. We will fight actively to represent your side and resolve the dispute without causing further delays and expenses to your business.
Since litigation is expensive, we will provide legal advice to help you save on costs and protect your investment. Our legal team can also help you prevent any similar issues in the future by assisting with your contracts and identifying signs that there is an issue with the contract.
Prevent Disputes From Affecting Your Construction Projects Today
Contract disputes, no matter how simple, can affect more than just the completion of your projects or the success of your partnership. It can also affect your reputation, which can cause you to lose more business. There is also the financial impact it will bring to your company and the parties involved in your contracts, the longer you fail to address the dispute. Litigation can be a good way to resolve these disputes, but it is best to ask for the help of a legal team to guide you through it.
Don’t hesitate to ring us at David R. Mullany, Esq. and avail yourself of our free consultation to get your contract disputes resolved through smooth litigation. We can get to work immediately to get the issue reviewed and heard in court. We look forward to working with you on your case.
Call David R. Mullany, Esq. at (978) 549-8900 for your Free Consultation with a Boston Contract Litigation attorney!