Rockville, MD Construction Disputes Lawyers

Attorneys for Construction Contract Disputes, Mechanic's Liens, and Related Issues in Rockville, Maryland

Real estate development and construction will often involve large financial investments, and the timelines for completion of these projects may affect business operations and future plans for development. When a project goes wrong due to issues like defective work or missed deadlines, the parties involved may be at risk of financial losses. Disputes involving property owners, developers, contractors, subcontractors, or suppliers may arise, and resolving them will require an understanding of contract law, building codes, and industry standards.

At Fox & Moghul, our lawyers help clients in Rockville navigate construction disputes and take steps to protect their investments. We have the legal knowledge and litigation experience needed to evaluate a situation, determine who was responsible for delays or other issues, and take steps to protect our clients' financial interests. We have been recognized for our high level of knowledge in the area of real estate law and our skill in litigation, and we know what steps to take to protect our clients' interests while resolving disputes effectively.

Types of Construction Disputes

Disputes can arise at virtually any stage of a construction project, from the initial contract negotiations to the final walkthrough. Our attorneys can help clients determine how to address disputes involving:

Breach of Contract

Contracts are at the center of many construction disputes, and in many cases, the parties will disagree about what is required under a contract. These contract disputes may involve issues such as:

• Scope of Work: The parties may disagree about whether the contractor was required to perform certain tasks under the original agreement or whether those tasks go beyond the scope of what was covered under the contract.
• Change Orders: The work performed during construction projects may need to change as the needs of a property owner or developer evolve. Formal change orders will typically be used to document any modifications. Disputes may arise when work is added or changed without a proper change order or when the parties disagree about the costs of the required changes.
• Payment Terms: Contractors may claim that they are owed more than the owner or developer has paid, while an owner or developer may claim that they overpaid for substandard or incomplete work.
• Other Breaches of Contract: When one party fails to meet their obligations under a contract, such as by failing to begin work on time, abandoning a project before it is completed, or refusing to pay, the other party may have grounds for a breach of contract claim.

Defective Work

When workmanship does not meet the standards required by a contract, the applicable building codes, or accepted industry practices, a building may be unsafe, or a property owner may be unable to use it as planned. Property owners or developers may discover construction defects during the building process, shortly after completion, or years later. Defects may include:

• Design Defects: Flaws in architectural or engineering plans may lead to a structure that is unsafe or does not function as intended.
• Material Defects: The use of materials that are improper construction materials may affect the safety of a building.
• Workmanship Defects: Improper installations, poor craftsmanship, or failure to follow industry standards during construction can lead to safety concerns or damage to property.

Improper Materials

Construction contracts may specify the materials that will be used on a project. When a contractor uses inferior or unapproved materials to cut costs, a property owner or developer may suffer financial harm, and the safety of the people who use the property may be at risk.

Common examples of improper materials include the use of substandard lumber, inferior roofing materials, or plumbing fixtures that do not meet the specifications in a contract or do not conform to local building codes. In some cases, the use of improper materials may result in regulatory violations, leading to fines or other penalties. Our legal team can work with construction professionals to document what materials were used, compare them to the specifications provided in a contract, and document the damages that occurred because of the use of the wrong materials.

Construction Delays

When a contractor fails to complete a project on schedule, a property owner or developer may suffer significant financial losses, including lost rental income or contractual penalties from lenders or tenants. When delays occur, disputes may address issues such as:

• Cause of the Delay: Was a delay caused by issues that were within the contractor's control, or was it caused by weather, supply chain disruptions, or changes requested by the owner or developer?
• Notice Requirements: A construction contract may require the contractor to give written notice of a delay within a specified period. Failure to provide a timely notice may cause a contractor to be liable for losses due to the delay.
• Liquidated Damages: A construction contract may include provisions that specify a fixed penalty for delays that affect the completion date of the project. Owners or developers may need to take steps to enforce these provisions.