Construction Litigation

Construction projects tend to involve a large number of trades and other professionals that have to coordinate work on tight schedules subject to strict contract requirements. It is inevitable that from time to time construction projects break down and result in litigation.

We typically see two major types of construction litigation. Contractors sue higher order contractors or owners because they did not get paid. Owners sue contractors because there are defects or other deviations in the construction compared to the contract documents, and everyone is losing money because someone else is behind on the schedule. Construction Attorney Adam Jarvis has experience representing parties on all sides of these conflicts.

Whether you’re a landowner, developer, engineer, contractor, subcontractor or materials supplier, if you find yourself in a construction project that is headed off the rails, don’t just watch the train go over the cliff. Take active steps to protect yourself. Contact a construction lawyer. Written correspondence among the interested parties on a construction project is essential to give other parties notice that their actions are affecting your ability to perform your contract obligations. When the dust settles, determinations are made about who breached their contract, who cause those breaches and who performed their contract and is due to be paid. For those determinations, everyone turns to their records to prove what went wrong. Make sure your records have the right information in them from the beginning.

Construction Collections

When a job is complete, but payment is not forthcoming, demand letters and liens are usually very effective to drive payment. Occasionally demand letters and liens are not enough. Litigation is required to preserve and to enforce your rights. A Mobile Alabama construction lawyer can help you make your complaint in court and present all of the evidence required for you to obtain a judgment for what you are owed, then take steps to collect on that judgment.

Attorney Adam Jarvis has experience successfully collecting unpaid invoices for general contractors and for trades on amounts that range from a few hundred dollars to multiple hundreds of thousands of dollars. Jarvis Law Firm, PC would be honored to have the opportunity to help you collect any amount large or small. It may be worthwhile to at least talk to an experienced construction collection lawyer before assuming the amount you are owed is not enough to be worth trying to collect.

Advance planning and contract drafting are worth your time and money when it comes to collection work. Construction collections are most effective when contractors and other trades work together with their attorney to create contracts tailored for you that award you attorney’s fees if you have to retain a lawyer in order to enforce your rights under the contract. Additional other terms can be crafted to serve your best interests. In that way it is always possible to collect on your small jobs because you won’t have to pay for your attorney’s time. If you would like a contract that works for you, contact a Mobile, Alabama construction collection lawyer today.

Construction Defect

Construction defects occur when a building or other improvement is not constructed in a manner that is consistent with the project contract documents. These documents may include contracts, specifications, plans, and change orders, among others. Deviations from the plans and specifications are defects if they are unapproved and material. Deviations from the project documents will always be material if if those deviations affect or potentially affect the health and safety of anticipated occupants or users of the building or improvement. Deviations are also material when they affect whether a building or improvement can be used for its intended use. Any material change in the construction must be approved by an engineer. On projects that involve an architect, deviations from the project documents must be brought to the attention of the architect for approval. During the construction phase, there are good odds that the person or entity who causes a defect will remedy that defect to be paid for the work. Post-construction discovery of a defect has fewer remedies. If you discover a defect in your project, you will need the assistance of an experienced construction attorney to help you determine whether the work may be under warranty, whether there may be insurance coverage for a loss and necessary repairs or whether you have time to bring an action for negligence, breach of contract, breach of warranty or other similar actions. In these cases, time may be of the essence because of your state’s statute of limitations or prescriptive period. If any of these issues sound familiar, contact the Jarvis Law Firm, PC today (251) 219-9706 or adam@jarvislawfirmpc.com.