Bethesda, MD Construction Dispute Attorneys

Lawyers for Property Owners, Developers, or Other Parties Involved in Construction Disputes in Bethesda, Maryland

Real estate development projects in Bethesda will often move quickly. Whether projects involve residential developments or large-scale commercial projects, property owners and developers will make substantial financial commitments. When something goes wrong during a project, the consequences can affect everyone involved. At Fox & Moghul, our lawyers work with property owners, developers, contractors, subcontractors, and suppliers to determine how construction disputes can be resolved.

Our attorneys understand that construction disputes are rarely simple. A single project may involve a general contractor, multiple subcontractors, architects, engineers, material suppliers, and a property owner. When disputes arise, determining who may be held responsible will require a careful review of contracts and an understanding of the applicable laws. Our attorneys have the experience needed to assess these matters and protect our clients' rights. We have extensive experience in real estate litigation, and we have received multiple awards in recognition of the benefits we have provided for our clients.

How Construction Delays Can Lead to Legal Disputes

Delays are one of the most common sources of conflict during construction projects. When a project runs behind schedule, this can lead to significant financial losses for multiple parties.

Excusable Delays

Some delays may be caused by circumstances that are beyond the control of a contractor. These may include severe weather events, natural disasters, supply chain disruptions, or government-ordered work stoppages. Most construction contracts include force majeure clauses that address these situations, and they will allow additional time to complete work without financial penalties. However, a contractor will usually be required to provide timely written notice of a delay.

Owner-Caused Delays

A property owner or developer may be responsible for holding up work by failing to provide access to the site, failing to deliver materials on time, making design changes during a project, or withholding approvals. In these cases, a contractor may be able to receive time extensions and additional compensation.

Contractor-Caused Delays

Some delays may be caused by a contractor's failures, such as poor scheduling, inadequate staffing, mismanagement of subcontractors, or failure to procure materials. In these cases, the owner may be able to recover compensation for damages caused by delays. A construction contract may provide for liquidated damages, such as a daily or weekly penalty for failure to complete a project by a specific deadline.

The Ripple Effect of Delays on a Project

When delays occur during a construction project, they may push back the entire project timeline. The financial consequences of these delays may include:

• Extended equipment rental and labor costs for the contractor
• Additional financing costs for the owner when a project is not generating revenue on schedule
• Costs associated with temporary housing or relocation when a residential project is not completed by the agreed date
• Lost rental income or delayed business openings for commercial property owners
• Penalties under leases or development agreements tied to a project completion date

Other Issues That Can Lead to Construction Disputes

Delays are far from the only source of conflict during real estate development projects. Other legal disputes that may arise during or after construction projects include:

Design Errors and Omissions

When an architect or engineer produces plans that contain errors or omissions, these issues may not be discovered until construction has already begun. Correcting design issues during a project may require additional work and lead to significant expenses. Disputes may arise over who is responsible for those costs.

Disputes Between General Contractors and Subcontractors

Subcontract agreements may allocate risk, define the scope of work to be performed, and establish payment terms. Disagreements may arise over the scope of subcontracted work, charges assessed by the general contractor for alleged deficiencies, payment disputes, and disputes over the responsibility for delays or damage caused on the job site.

Changes in Scope and Disputed Change Orders

During construction projects, changes to the scope of work are common, and the change order process can sometimes lead to disputes. When a contractor performs additional work without a signed change order, they may have difficulty recovering payment for that work. In other cases, an owner may dispute that certain work was actually a change, and they may argue that work fell within the original scope of the contract.

Post-Completion Defect Claims

Some construction defects may not be discovered until after a project has been completed. Waterproofing failures, foundation issues, HVAC system problems, or structural issues may not arise until months or years after a building has been put into service. While the statute of limitations for contract claims in Maryland is generally three years, extensions may be available if defects are discovered after three years.

Contact Our Bethesda Construction Dispute Lawyers

Construction and real estate development disputes can be complex. Whether you are an owner who is dealing with delays or defective work or a contractor or subcontractor who has not been paid for your work, an experienced lawyer can help you protect your rights. At Fox & Moghul, we can provide the representation you need to resolve these disputes effectively. Contact our Bethesda, MD construction litigation attorneys at 301-409-5316 to schedule a consultation.