Construction litigation has been increasing the past 10 years. Whether over the issue of the quality of construction or disputes about nonpayment for the work, litigation is often the end result.
In residential and commercial construction, the industry gets the job done using subcontractors from all of the trades. Disputes arise over negligent craftsmanship, failure to comply with building codes, broken contracts, poorly prepared architectural plans, and not following the blueprints or construction drawings.
The issues become increasingly complicated because general contractors as well as subcontractors usually have liability insurance. When a lawsuit is filed, the dispute winds up in the hands of an insurer who may not really owe for the damages. The insurance company rightfully joins the responsible party into the lawsuit which results in the litigation expanding.
Insurers typically extend coverage for negligence, but insurance companies aren’t a warranty for poor work or defective materials. The dispute between the property owner and the contractors now has the added layer of insurance coverage questions that have to be resolved. The dispute over whether there’s coverage for the damages can spin off into separate lawsuits for declaratory relief by the courts.
Construction defect cases require competent legal counsel familiar with the laws, regulations, building codes, and everyday industry practices. The key to controlling your litigation costs is knowing what to do and when to do it.
Contractors and subcontractors sometimes find themselves in a jam because the property owner runs out of money or flat out refuses to pay. Construction is expensive! When materials and labor expenses are put into someone else’s property, it’s supposed to be a short term investment by the contractors.
Mechanic liens are a very effective tool in the contractor’s legal toolbox when not getting paid. These liens are also useful for subcontractors who aren’t paid by the general contractor.
Nothing Says “Pay Now” Like A Mechanic’s Lien
Hard working Oklahoma businesses should be paid for their efforts! The tendency for most subcontractors is to wait too long to take action and get paid. These matters have short fuses (and deadlines), so the earlier it is addressed, the better!
Let us know if we can help with your construction issues! (918) 940-2222