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Construction Litigation

Construction law is complex, and contractors along with other construction industry professionals can be sued under various scenarios including:

• Construction defect claims by customers
• Design approval
• Payment disputes
• Reports to the contractor's license board
• Contractual warranty claims
• Insurance claims

When litigation is necessary, having an experienced and effective construction attorney can ensure your rights are protected. Sometimes litigation is unavoidable because of the complexity of construction projects and the potential for problems developing both during and after the project. Disputes can arise from situations such as:

• The scope of particular work
• Need for additional or extra work
• Costs associated with changes to a project

Alternatives to litigation

Many people prefer to avoid litigation and would rather find alternatives to resolving disputes. Avoiding litigation has many benefits including:

• Saving money/costs
• Avoid loss of profits
• Maintaining professional relationships
• Alternative Dispute Resolution. While litigation is an option, many construction disputes are resolved through alternative dispute resolution (ADR), such as arbitration and mediation. Arbitrations in construction disputes generally follow the construction arbitration rules of the American Arbitration Association. And construction arbitrations are held either before a single arbitrator or a three- arbitrator panel. Generally the terms and agreements within the construction contract determine the type of arbitration that decides the case.
• Proper planning to avoid disputes and litigation. As a preventive measure to avoid future problems and lawsuits, contractors and parties involved in construction projects should seek legal expertise in contract drafting and negotiation. Every contract and project presents its own set of unique needs and challenges, which should be considered before entering into an agreement. By anticipating each project’s needs and challenges, parties can establish contract clauses and agreements that clearly set out the terms and conditions.

Avoid litigation and talk to a professional

It is always less expensive to plan ahead and circumvent trouble than to dig yourself out of trouble when it rears its ugly head. Before entering into any construction project and contract, it is important to consult an experienced San Diego construction attorney who can protect your rights and help you avoid future legal issues. Taking the time to plan ahead saves you time, money, and the stress of legal disputes.

This article was provided by the San Diego construction lawyers at the Law Offices of Brian C. Andrews, Esq. For more information, contact them at there office located at 5755 Oberlin Drive, Suite 301, San Diego, CA 92121.