How to Navigate Construction Disputes in MD

 Posted on July 31, 2026 in Business and Commercial Litigation

Construction projects involve many moving parts. Owners, builders, contractors, subcontractors, architects, suppliers, and developers all have different jobs to do. When one party doesn’t perform, everybody gets delayed. The cost of a project can rise astronomically.

Construction disputes affect both private homeowners building a new house as well as companies involved in large commercial developments. No matter what you’re building, if you are facing a construction dispute in 2026, a Gaithersburg construction litigation lawyer can help you choose the best way forward.

Common Problems that Lead to Maryland Construction Disputes

Many construction cases begin with a disagreement over the contract. One party may believe the work is incomplete or defective. The other may say that the project changed or that they are owed payment.

Common disputes include:

• Defective design or construction
• Water damage, foundation problems, or structural damage
• Delays and missed completion dates
• Unpaid contractor or subcontractor invoices
• Disagreements over change orders
• Work that does not match the plans
• Claims involving damage to neighboring property
• Questions about warranties
• Arguments over materials or workmanship

A construction dispute often involves several parties. For example, a property owner might blame the general contractor, while the contractor says that a subcontractor, architect, or supplier caused the problem. A lawyer can review the agreements to find out which party is responsible.

Referring to the Construction Contract for Guidance in a Dispute

The contract itself sometimes controls how a dispute will be handled. At the least, it should describe the work, payment schedule, deadlines, materials, and process for approving changes.

It may also contain terms addressing:

• Written notice of defects or delays
• Who is responsible for permits
• Insurance and indemnity
• Attorney’s fees
• Warranties
• Mediation or arbitration
• Where a lawsuit must be filed
• Deadlines for reporting disputes

Interpreting a contract isn’t always straightforward if the agreement has unclear language or clauses that seem to conflict. Parties to construction disputes are often disagreeing about what exactly they agreed to in a contract. Attorneys may have to point to emails, change orders, invoices, and project records to justify a client’s perspective.

What Evidence Do You Need in a Construction Dispute?

Construction cases depend heavily on records. The most important evidence is, of course, the contract itself. If there are any addendums or changes to the contract, those should also be part of the evidence.

In addition, evidence that supports the contract is important. Plans and drawing, photos and videos, inspections and engineer reports may all be used to support a party’s claims about a contract.

Other very important evidence to a dispute usually involves invoices and proof of payment. Conversations recorded through emails, text messages, and voicemails may support one party’s version of a payment dispute.

In certain cases, expert opinions are important, especially if there is structural damage or defective work. An engineer, architect, contractor, or cost estimator may be needed to explain what went wrong and how much it will cost to correct.

If you are planning to litigate or negotiate a construction dispute, you’ll want to start putting together evidence as soon as possible. Emergency repairs may be necessary to prevent further damage, but take photographs and keep materials when it is safe and practical to do so.

Can a Contractor or Subcontractor File a Mechanic’s Lien?

A mechanic’s lien may allow a contractor or subcontractor to make a claim against real property when payment is not made for labor or materials.

Maryland has strict deadlines for filing a mechanic’s lien. Under Maryland Real Property Section 9-104, many subcontractors must give written notice of an intention to claim a lien within 120 days after completing the work or furnishing materials. Owners and developers should take lien notices seriously and work with an attorney right away to respond.

Can Construction Disputes Be Settled Without a Trial?

Many construction dispute cases are resolved through negotiation, mediation, or arbitration. However, settlement is not always possible. In those cases, litigation may be necessary.

Fox & Moghul has represented both consumers and real estate businesses in major construction disputes. The firm secured a $550,000 jury verdict for a client in a construction defect case. In another case, the firm defended a prominent real estate development group against claims seeking $600,000 for alleged structural damage to neighboring property. After obtaining sanctions against one plaintiff for discovery violations, we resolved the case for $3,800.

These outcomes show why construction cases require a strategy based on the facts. Some disputes call for aggressive claims against a builder. Others require a strong defense against exaggerated demands.

Call a Gaithersburg, MD Construction Litigation Lawyer Today

Construction disputes can threaten to derail a development project, but they don’t have to. Our Potomac, Maryland civil litigation attorneys at Fox & Moghul can help you handle breach of contract claims, contract interpretation, mechanic’s liens, new-home disputes, builder contract cases, and more. Call 703-652-5506 to schedule a consultation.