You Can Rely Upon
Construction projects often involve multiple parties, all of whom have discrete rights and obligations and are subject to different deadlines. Sometimes, conflicts arise prior to the completion of a project that leave one or more parties feeling aggrieved. When construction disputes are not readily resolved, the party that has suffered a loss may take legal action to protect its rights. If you are embroiled in a dispute related to a construction project, the Plainville and Bristol construction litigation attorneys of Jainchill & Beckert, LLC, can analyze the circumstances that caused your disagreement and formulate a strategy that will help you seek your desired outcome in an efficient manner. Our skilled attorneys have more than fifty years of mutual experience representing parties in lawsuits arising out of construction projects, and if you hire us, we will fight diligently on your behalf.Common Construction Disputes
Typically, a construction project will involve at least one contract between the property owner and a contractor. In more complex projects, the general contractor will subcontract parts of the project to specialty trade contractors, such as electricians, carpenters, painters, plumbers, roofers or masons. Likewise, property owners may also separately contract with architects, engineers or interior design professionals. The contracts generally set forth each parties’ duties, timelines for completion, and the rate of compensation. Typically, when a dispute arises on a construction project, one party disagrees over the interpretation of a contractual provision or has failed to comply with the terms of the contract. For example, parties may disagree over what materials should be used during construction, what constitutes a delay and when delay damages are appropriate, or the obligations imposed on a party. In some instances, a conflict may arise when a party improperly performs its tasks, causing defects. When disputes cause delays in contract completion that can trigger financial penalties or losses, speaking with a construction litigation lawyer in Plainville and Bristol may be essential to protecting your legal rights.Claims Arising Out of Construction Disputes
Parties who suffer losses due to a construction dispute may seek damages in a civil lawsuit. While the claims a party may pursue will depend on the facts surrounding the dispute, many construction-related cases involve breach of contract claims. In Connecticut, a party seeking to recover compensation for a breach of contract must demonstrate the formation of an agreement, performance of the obligations imposed by the agreement by the party pursuing claims, and a breach of the agreement by the responding party. The breach generally must be material, which means it must involve one of the key provisions of the contract and not a minor clause. The party must also prove harm caused by the breach to a reasonable degree of certainty. A party that successfully demonstrates harm caused by a contractual breach may be awarded compensation to restore them to the position they would have been in had the other party complied with the contract. A Plainville and Bristol construction litigation lawyer can evaluate your potential case by reviewing your contracts and the facts and circumstances of the situation.
In some instances, a party harmed due to a construction dispute may be able to assert a negligence claim. For example, if a contractor performs its contractual duties but damages a portion of a property after the duties are completed, it may be considered an act of negligence. Generally, negligence claims require a plaintiff to establish that the defendant had a duty to act with reasonable care, the defendant’s acts or omissions amount to a breach of the duty, and actual losses caused by the breach. Other theories of recovery a plaintiff may be able to pursue include breach of warranty, fraud, misrepresentation claims, and claims of unjust enrichment.Confer with a Dedicated Lawyer in Bristol and Plainville
When construction projects are plagued with discord, the parties may file lawsuits when they cannot resolve their disagreements. If you are involved in a construction dispute, you should confer with an attorney regarding your rights. In Plainville and Bristol, the dedicated construction litigation attorneys of Jainchill & Beckert, LLC, are adept at handling construction-related claims, and we will advocate aggressively in your favor to help you seek a favorable result. We frequently represent people in real estate lawsuits in Plainville and in Bristol, as well as in other cities in Connecticut, such as Southington, Hartford, Farmington, and New Britain. We have an office in Plainville, where you can reach us by calling (860) 351-5254 or by using our form online to set up a meeting.