Frederick, Maryland Construction Dispute Lawyers

Attorneys for Breach of Contract Claims in Construction Projects in Frederick

Frederick is one of the fastest-growing areas in Maryland. To keep up with this growth, many real estate developers are working to complete residential developments and commercial projects. However, during development projects, multiple types of disputes may arise. When a project is derailed by defective work, unpaid invoices, contested change orders, scheduling failures, or other issues, the financial consequences can be significant for every party involved. At Fox & Moghul, we work with property owners, developers, general contractors, subcontractors, and suppliers to determine how to resolve construction and real estate development disputes.

Construction disputes often involve multiple layers of contractual relationships. Our attorneys will review the relevant contracts, subcontracts, project schedules, change orders, inspection reports, and correspondence to build a complete picture of what went wrong and who may be held responsible. We have extensive experience representing clients in real estate litigation, and our team members serve as educators for other legal professionals to help ensure that they can address the legal issues in these cases correctly. With our unparalleled level of knowledge, we can provide the legal help needed to resolve disputes effectively.

Defective Work in Construction Projects

Some of the most costly and contentious disputes during development projects will involve defective construction work. A defect may be discovered during the project itself, at the time of completion, or years later. Construction defects generally fall into one of several categories, including:

Structural Defects

The integrity of a building may be affected by defective work. Faulty foundation design, inadequate soil preparation, improper concrete placement, framing errors, or failure to account for drainage conditions can lead to structural instability. These defects may not become known until a building settles unevenly, walls begin to crack, or an inspection reveals that work did not meet the requirements of the applicable building codes.

Systems and Mechanical Defects

Defects in a building's mechanical, electrical, and plumbing systems can be dangerous. Improper wiring can create fire hazards, improper plumbing installations can lead to persistent leaks, or HVAC systems may not function correctly. These issues may not be discovered until long after work is complete.

Design Defects

When an architect or engineer produces plans that contain errors or omit critical details, a construction project may be built to specification, but it may still fail to perform as intended. In these situations, the design professional may be held responsible for the costs of remediation.

Material Defects

A contractor who uses materials that do not meet the specifications set out in the contract may be liable for defects that occur as a result. Material defects may also occur due to manufacturing flaws. In these cases, a supplier or manufacturer may be held responsible in addition to the contractor.

How Defective Work Can Affect a Project

For property owners, defective work can make a building unsafe for occupancy, affect their ability to sell or lease the property, and lead to disputes with lenders or insurers. In commercial projects, the inability to open or operate a facility on schedule due to defective construction can lead directly to lost revenue.

For contractors, a defect claim can result in demands to return to the project and perform corrective work. When a contractor disputes whether work was defective or disagrees about the appropriate remedies, litigation may be required to resolve the dispute.

Other Reasons for Construction and Development Disputes

Issues that may arise during construction and real estate development projects include:

Failure to Pay for Work Performed

General contractors will depend on timely payment for the work they have performed to fund ongoing work and pay employees. Subcontractors depend on general contractors to pass payments through promptly. Payments may be withheld because of disputes over the quality of the work, cash flow problems, or other issues.

When contractors or other parties have not been paid for their work, they may file mechanic's liens against the property. The proper steps must be followed to establish a lien, and time limits and notice requirements apply.

Project Delays

The timeline of a construction project may be affected by a wide range of factors, from permit processing times to seasonal weather conditions, the availability of laborers, and supply chain issues. When a project falls behind schedule, a developer or property owner will need to determine the cause, and they may take steps to address the financial losses they have suffered because of the delays.

Contracts will often include provisions for liquidated damages, with a daily or weekly amount that a contractor will be required to pay after missing deadlines. However, when a delay is caused by the owner because of issues such as interference with the contractor's work, the contractor may be entitled to both additional time and compensation for the added costs.

Scope of Work Disputes and Change Orders

Design changes, unforeseen conditions, modifications made by the property owner, or other changes during a project may go outside of the original scope of work. Disputes related to the change order process may arise.

A construction contract will usually define the change order process, specifying how changes must be requested, how the prices for additional work will be established, and what documentation will be required before a contractor can proceed with out-of-scope work. When those procedures are not followed, disputes can arise. Some issues that may lead to disputes related to scope of work and change orders include:

• Site Conditions: A contractor may encounter conditions on a work site that are different from those indicated in the contract. They may be entitled to additional compensation for work needed to address these conditions.
• Extra Work: An owner may ask a contractor to perform work that goes beyond the original scope of the project without executing a written change order. The contractor may have difficulty obtaining payment for that work if the owner disputes that the work exceeded the project's scope.

Contact Our Frederick, MD Construction Dispute Attorneys

Whether you are a property owner dealing with defective work, a contractor facing withheld payments, or a developer determining how to address delays during a project, you will need to take steps to protect your rights as you resolve these disputes. The attorneys at Fox & Moghul can help you find practical solutions while addressing any financial losses you have experienced. Contact our Frederick construction contract litigation lawyers at 301-409-5316 to arrange a consultation with a member of our team.