Construction defects are a common source of litigation in commercial real estate matters. Generally, to succeed in court, the plaintiff has the burden of proving that the work was not done in a reasonably workmanlike manner or that there are structural failures associated with the Defendants actions or non-actions.
The first step is to determine who is responsible for the problem, and specifically, whether the defect was related to planning, design, supervision, construction or inspection. Cases can then further be grouped into four categories: materials, design, workmanship or soil conditions. To succeed with a construction defect claim, the claimant must also be able to prove that it had damages and that those damages were caused by the specific defect at issue.
Delays in construction are also a common source of commercial real estate disputes. A comprehensive and well-drafted contract will help manage delay claims after construction has begun and can prevent costly litigation in the future. When the contract is ambiguous or simply fails to address the particular delay at issue, the parties often agree to mediate or arbitrate the issue rather than going to court.
The Thode Law Firm P.C. can assist in drafting contracts that will account for many construction-related issues that may arise. Should legal action become necessary, the Thode Law Firm P.C. has the litigation experience necessary to present your case effectively in court. Call today for a free consultation about your construction issue.