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McLean, Virginia Construction Law Attorneys for Contractor Disputes
"I highly recommend Fox & Moghul. Our company was brought into a real estate litigation dispute and immediately hired the Fox and Moghul team for our defense. The firm diligently handled the entire process, with great customer service and professionalism."
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Lawyers Representing Homeowners in Disputes with Contractors in McLean
Hiring a contractor to remodel, expand, or repair a home is a significant investment for a homeowner. Unfortunately, when contractors fail to complete work, perform work poorly, or cause property damage, that investment can quickly turn into a costly problem that may involve legal disputes. In McLean, where real estate values are high, disputes with contractors can be a significant concern, and homeowners will need to understand their legal options in these situations.
Fox & Moghul's highly-sought-after litigation team has won precedent-setting construction law cases, including one recently where a Fairfax jury awarded our client, an injured homeowner, $565,000 in damages against an unlicensed construction company after a 4-day jury trial in Fairfax County Circuit Court. We can help our clients enforce their rights under contracts or file lawsuits to recover compensation for their damages. Our legal team can guide clients through even the most complex residential construction disputes.
Legal Help With Contractor Disputes in McLean
When a contractor fails to meet their obligations or perform the expected work, a homeowner may feel powerless. However, there are several remedies that may be available under Virginia law, and the attorneys at Fox & Moghul have the experience needed to resolve these cases successfully. With a deep understanding of construction law and consumer protection statutes, as well as a history of success in construction litigation, we can take steps to hold contractors accountable while protecting homeowners' property rights and financial interests.
Our lawyers have achieved success for our clients when litigating disputes, including a landmark $550,000 jury verdict in a construction defect case. We have published numerous articles and guides discussing these issues, including a publication titled "Homeowners vs. Contractors: Demystifying Construction Law in VA." We also provide education to other attorneys on topics related to business law, real estate law, and construction law, and we have been recognized as Leading Educators in Virginia Real Estate and Business Law by Virginia Lawyer Magazine.
Excellence Always
Common Disputes Between Homeowners and Contractors
Homeowners may need to take legal action to address situations in which contractors have violated the terms of contracts or caused financial losses. Disputes may involve issues such as:
- Incomplete Work: In cases involving abandonment, a contractor may stop working without completing the project, often after receiving partial or full payment. Missed deadlines may also be a factor, and when there are significant delays without justification, the homeowner may be prevented from using the space.
- Substandard Workmanship: Contractors may perform work that fails inspections or does not meet local building code requirements. They may use lower-grade materials than agreed upon, or they may fail to meet other professional standards. Costly remediation may be required to correct these issues.
- Property Damage: Improper construction methods can weaken the foundation, framing, or other structural elements of a home. Faulty plumbing, roofing, or waterproofing may lead to long-term damage due to water intrusion, or mold may develop. These issues may require expensive repairs.
- Failure to Follow Plans or Specifications: Deviating from architectural plans or failing to obtain proper permits may make completed work unusable or non-compliant. A contractor's failure to follow the agreed-upon scope of work may serve as a basis for legal action by a homeowner.
Breach of Contract in Construction Disputes
Homeowners may enter into written or oral agreements with contractors. When a contractor fails to follow the terms of an agreement, a homeowner may file a breach of contract lawsuit. These lawsuits may address a contractor's failure to complete work on time or at all, violations of quality or safety standards, the use of improper materials, or other violations of a contract.
During contract litigation, the specific terms of contracts may be reviewed, evidence of nonperformance or defective work may be considered, and any resulting financial losses a homeowner has suffered may be addressed. Homeowners may be able to recover damages for the cost to repair defective work, payments made for work that was not performed, or other losses that occurred due to the breach of contract.
Virginia Consumer Protection Act and Contractor Misconduct
In addition to breach of contract claims, some disputes may involve deceptive or unethical practices by contractors. The Virginia Consumer Protection Act (VCPA) allows homeowners to pursue additional remedies if a contractor:
- Misrepresents their qualifications or licensing status
- Falsely advertises their services or capabilities
- Uses deceptive pricing or billing practices
- Engages in bait-and-switch tactics
- Fails to disclose material information about their services
Claims under the VCPA may allow a homeowner to recover damages and attorney's fees, as well as additional damages if the misconduct was willful. The attorneys at Fox & Moghul can evaluate whether a contractor's behavior may be considered a consumer protection violation, ensuring that these issues will be addressed correctly during a case.
Fraud and Misrepresentation by Contractors
Some contractor disputes involve intentional misconduct, including:
- Fraudulent Invoicing: Billing for work not performed or inflating hours and materials
- False Credentials: Representing that the contractor is licensed, bonded, or insured when they are not
- Concealed Defects: Hiding problems with materials or construction in an effort to pass inspections or avoid costs
Virginia courts allow claims for fraud when a contractor has made a false representation with the intent to deceive, and the homeowner relied on that representation. Proving fraud requires specific evidence, and Fox & Moghul has the legal experience needed to help homeowners address illegal acts by contractors.
Master, Prime, and Subcontractor Disputes
In some residential construction projects, general contractors may hire subcontractors to perform portions of the work. Disputes may arise when a subcontractor performs defective work or when they cause delays or damages. The homeowner may need to take legal action against the prime contractor to address these losses.
In some cases, a general contractor may fail to pay subcontractors or the suppliers of materials. This may lead a subcontractor or supplier to take out a mechanic's lien against the property. Resolving these liens can be complex, and homeowners will need to make sure the correct steps are followed to protect their interests.
The attorneys at Fox & Moghul can evaluate complex contractor-subcontractor arrangements, and we can work with homeowners to take the proper legal against against the appropriate parties. We will work to resolve these disputes effectively while protecting our clients' rights.
Contact Our McLean, VA Contractor Dispute Lawyers
If you are a homeowner in McLean who is involved in a dispute with a contractor, Fox & Moghul can help you take the proper steps to protect your investment or recover compensation for your financial losses. Contact our McLean construction law attorneys at 703-652-5506 to set up a consultation and discuss your options.
