Baltimore, Maryland Construction Dispute Attorneys

Lawyers Representing Clients in Construction Litigation in Baltimore

Real estate developers who plan construction projects will make large investments, and the successful completion of these projects can be crucial. Other parties may also be involved in development projects, including property owners, contractors, and suppliers. Disputes may arise among these parties, and they can affect the ability to complete a project on time. In some cases, a contractor may need to take steps to obtain payment for work they have performed, or a property owner may need to address damage caused by substandard work.

The legal issues involved in construction disputes can be complex, which is why representation by an experienced lawyer can be crucial. At Fox & Moghul, we work with property owners, contractors, or other parties to determine the best ways to resolve breach of contract claims, issues related to non-payment, or other disputed matters. With our experience in real estate litigation, we can make sure the right steps are taken to protect the rights of our clients.

How Construction Disputes May Be Resolved

There are several avenues for addressing the issues that may arise during construction projects. The right approach will depend on the nature of the conflict, the amount of money at stake, and the relationships between the parties. Our team can provide guidance on whether clients may be able to use methods such as:

Negotiation

Direct negotiation is often the most practical first step in resolving construction disputes. When both parties have a shared interest in resolving matters while avoiding the costs and delays of formal legal proceedings, they can work together to negotiate settlements and agree on terms that will be mutually acceptable. Our attorneys can help clients understand the best ways to protect their interests during negotiations.

Mediation

The parties involved in a dispute may agree to work together with a neutral third party who can facilitate discussions and help them reach a voluntary agreement. This option will ensure that the parties will be able to retain control over the outcome. Construction contracts may include mandatory mediation provisions that will require the parties to attempt to reach a settlement before arbitration or litigation may proceed. Our lawyers can help clients prepare for mediation sessions, provide representation during negotiations, and provide guidance on whether proposed settlements will protect their interests.

Arbitration

In some cases, a neutral arbitrator or panel of arbitrators may review evidence related to an alleged breach of a construction contract and hear arguments from both sides. They will reach a binding decision on how a dispute will be resolved. Commercial construction contracts may include arbitration clauses, and arbitration awards are usually enforceable in court. Our attorneys can build a well-documented record and present arguments on behalf of our clients, working to achieve positive results during arbitration.

Litigation

When a resolution cannot be reached otherwise, litigation in court may be the best way to resolve a dispute. In cases involving complex legal issues, large amounts of money, or parties who are unwilling to negotiate in good faith, litigation may be necessary to enforce a client's rights. Our lawyers can make sure the proper steps are taken during a case, including performing depositions, working with expert witnesses, and preparing evidence in support of a client's claim.

Mechanic's Liens for Unpaid Construction Work

General contractors who have a direct contract with a property owner or developer, subcontractors hired by a general contractor, and suppliers of materials used during a construction project may have the right to file a mechanic's lien if they have not been paid for their work or materials. There are strict requirements that must be followed carefully when establishing these liens.

In general, a claimant must file a petition for a lien within 180 days of the last date on which they provided labor or materials. The petition must identify the property, describe the work or materials provided, and state the amount of the unpaid claim. Once a mechanic's lien is established, it will attach to the property and become part of the public record. A property that is encumbered by a mechanic's lien cannot be sold or refinanced without addressing the lien. For a developer who is relying on the sale or refinancing of a completed project, an unresolved mechanic's lien can be a serious financial obstacle.

Property owners may be able to defend against mechanic's liens by challenging whether a lien was filed within the required period, disputing the amount claimed, or demonstrating that payments were made as required. Contractors and subcontractors may need to take steps to protect their right to file liens, including maintaining detailed records of labor and materials provided, documenting the dates on which work was performed, and tracking payments. Our attorneys can advise clients on how issues related to mechanic's liens can be addressed.

Contact Our Baltimore, MD Construction Dispute Lawyers

Because of the complex legal issues involved in construction disputes and the possibility of significant financial losses, legal representation is essential for the parties who are involved. At Fox & Moghul, we work with real estate developers to address any concerns that may affect construction projects. We can also help contractors protect their rights, respond to breach of contract claims, file mechanic's liens, and receive the proper payments. To arrange a consultation and get legal help with these matters, contact our Baltimore construction litigation attorneys at 301-409-5316.