Construction Defense Attorneys in San Jose, California, & Houston, Texas

Dealing with disputes is an unfortunate part of any kind of business. In the construction industry, companies need skilled legal counsel to handle potential disputes that could lead to construction litigation.  

At The Heritage Law Group, our attorneys believe in helping our clients get the legal representation they deserve. We proudly serve clients in San Jose, California, and Houston, Texas. We also serve clients throughout Northern and Southern California and across Fort Bend and Montgomery Counties in Texas. 

Common Construction Disputes 

Disputes between contractors and clients may arise for a variety of reasons. These reasons may depend on several factors. While some may be solved without litigation, some issues may require legal proceedings. 

The following are common construction disputes: 

Delays 

Delays can occur due to various reasons, such as unexpected weather conditions, late delivery of materials, changes in design or specifications, and contractors’ inadequate project management. 

Defective Work 

This issue may become apparent when the work carried out by the contractor is not done following the contract documents or industry standards. 

Payment Disputes 

These disputes happen when there is a disagreement over payment for the work done by the contractor or subcontractor. This situation can include disputes over change orders, cost overruns, and delays. 

Design Errors 

Design errors occur when the plans and specifications provided by the architect or engineer are inaccurate or do not meet the project’s requirements. 

Breach of Contract 

This dispute appears when one party fails to fulfill its obligations as stated in the contract. This situation can include failing to complete the project on time, using inferior materials, or not adhering to safety standards. 

Warranty Claims  

These disputes arise when the work done by the contractor or subcontractor fails to meet the warranty requirements specified in the contract. 

Disputes over Changes to the Project 

Disputes regarding changes may arise when there are changes to the project that were not agreed upon or not properly documented. 

Disputes over Quality of Work 

This situation occurs when there is a dispute over the quality of work completed by the contractor or subcontractor. The parties may have different expectations or standards of what constitutes acceptable quality. 

Methods to Solve Construction Disputes

There are several methods to solve construction disputes. The most appropriate method will depend on the specific circumstances of the dispute, including the type of dispute, the parties involved, and the desired outcome. The following could be effective methods for resolving construction disputes: 

Negotiation 

This method involves the parties working together to resolve the dispute through discussions and compromise. Negotiation is often the simplest and least costly method of resolving a dispute. 

Mediation 

A mediator is a neutral third party who helps the parties in dispute to find a mutually acceptable solution. Mediation is often less costly and less formal than arbitration or litigation. 

Arbitration 

Arbitration involves a neutral third party, an arbitrator, who hears the evidence and makes a binding decision on the dispute. Arbitration can be less formal than litigation, and it can be less costly and faster. 

Litigation 

This method involves taking the dispute to court, where a judge or jury will decide. Litigation can be the most expensive and time-consuming method of dispute resolution. Still, it may be necessary if the parties cannot resolve a construction dispute through negotiation, mediation, or arbitration.

Possible Construction Defenses  

The Heritage Law Group aims to defend developers, contractors, construction managers, general contractors, subcontractors, and other parties from harmful allegations and lawsuits. Most of the time, contracts are at the center of the dispute. Here are some typical defenses related to breach of contract in construction litigation:  

Impossibility of Performance  

Sometimes, the construction project could not be executed due to unforeseeable circumstances that arose during the course of a project. Your attorney can seek to prove that the contract terms were impossible to fulfill as a result of any number of situations. These situations could involve state, county, or federal law.  

Substantial Completion  

Perhaps the contract was so close to being completed that the contractor should reasonably receive full payment. Certain conditions and factors must be present for this kind of defense to be effective.  

Mutual Mistakes  

A contract is essentially an agreement between two individuals or entities. In the case of a mutual mistake, both parties are not clear on the terms of the contract, which could lead to costly construction mistakes. No matter what kind of defense you think best fits your unique circumstances, it’s vital to work with a construction defense attorney to help you strategize a path forward.