Construction Litigation Archives

Construction dispute can involve competing interests and claims

California certainly has its share of complex construction disputes. These matters often bring several parties into the mix with different rights and responsibilities that are in dispute. One current construction dispute in another state is not overwhelmingly complex, but it does involve several different entities vying for their own respective positions. It also brings negligence principles into a case that at first blush may appear to be about contract breaches.

Tags: Construction Litigation

Parties maneuver for support in typical construction dispute

It is likely fair to say that larger construction contracts in California and elsewhere often contain conflicts between some or all of the various participants. Arguments or disagreements arise over contract specifications, quality of work, deadlines for performance, payment schedules, work approval and a myriad of other potential issues that could at any point erupt into a construction dispute or even litigation. The smooth completion of a multi-million-dollar construction contract is a relatively rare occurrence in the construction industry.

Tags: Construction Litigation

Design-build may stop construction defects, delays and overruns

Judging from what appears to be an incredible amount of disputes and litigation that arises in construction projects in California and elsewhere, anything that can cut down on the number of disputes would be welcomed in the industry. One upcoming method, appreciated particularly by those owners who are developing the biggest and most complex projects, is called design-build. The process brings builders into the design process from the start and cuts down on the critical disconnect that later on creates so many differences between the design and the construction of that design. The design-build format cuts down considerably on construction defects and anomalies.

Tags: Construction Litigation

Construction dispute on runway paving job ends up in court

It often happens in California and elsewhere that large construction contracts are not performed precisely as the specifications that are part of the agreement would dictate. When deviations occur, it is often the subject for a construction dispute between the parties. When the purchaser of the construction project is not happy with the final results, it may resort to withholding that part of the payment that has not yet been made.

Tags: Construction Litigation

Contractors do better when they check a subcontractor thoroughly

Big contractors in California and other states now engage in a process of pre-screening their subcontractors in order to maximize the chances that there will not be complaints or holdups during performance of the contract. They prequalify the subcontractor to assure that the company chosen is not going to be ill-suited for the job. It is important, for example, to make sure that subcontractors have the resources, manpower and skills to finish their part of the job in workmanlike manner.

Tags: Construction Litigation

Construction litigation is sometimes needed to resolve conflictsS

Several cities across the country and in California have tried to stimulate their downtown economic life by constructing minor league baseball parks to bring more people back into formerly depressed areas. Where these projects are financed by local tax dollars, they have often ended up riddled in controversy and construction litigation. One common problem contributing to such controversy has been the inability of contractors to finish on time and within budget.

Tags: Construction Litigation

Construction project bogs down while contractors fight over bid

Although California law does not usually require a public body to award a construction contract to the lowest bidder, doing so is one way for a municipality to keep the burden of litigation down. One certainty is that a steady number of awarded contracts will be challenged through state or federal litigation. The challenge is often filed by the lowest bidder due to the construction project going to a higher bid. In some cases, the courts will invalidate the award and send the case back for the public body to start over.  

Tags: Construction Litigation

Construction project in Sebastopol is finally cleared

A construction dispute can hold up a proposed project for years. The dispute can take the form of public objections and resistance to a project based on environmental impact and traffic flow impacts. One long-raging conflict in a small California town shows how a construction project may linger in limbo while obstructions hold sway over the regulatory process.

Tags: Construction Litigation

Construction dispute in major stadium project is resolved

With big construction projects in California and elsewhere, there is almost always some kind of issue about cost overruns. This includes claims by contractors and developers who have gone over the contract price and are seeking payments. This type of seemingly endless construction dispute can lead to construction litigation. Fortunately, the litigation usually results in agreements that are hammered out during tough negotiations by the attorneys on their clients’ behalves.

Tags: Construction Litigation

Construction project for new San Jose hospital is back on track

It seems that large construction contracts in California and elsewhere always encounter problems in execution due to delays, increased expenses over the contract price and disputes over the quality of the work. Numerous other issues can arise during a large construction project. One project that has had a substantial share of problems is a $300 million hospital construction in San Jose.

Tags: Construction Litigation

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