Construction disputes are common both in residential and in commercial properties. The most common causes of disputes include faulty construction, faulty supplies, failure to meet deadlines, construction site injuries, and any other factors that go against the specified contract terms.
When you are involved in a construction conflict as the owner, contractor, subcontractor, developer, supplier or insurance company, it is advisable to seek help from an experienced construction litigation attorney, such as the experienced attorneys at Bremer Whyte Brown & O’Meara. Their team of attorneys have an understanding of the rights and responsibilities of each party, knowledge of construction, labor and real estate laws, and technical know-how of the construction processes and defects.
These attorneys play the following roles.
Examining the Evidence
The first role of a construction litigation attorney is to examine the evidence for the case. These include contracts and changes made to contracts, if any, drawings and designs, orders, payments, receipts, invoices, medical reports, materials, and programs. It may also involve interviewing some witnesses and other parties who were involved in the construction. At the end of this process, the litigation attorney will be able to determine if there is enough evidence for the case.
Offer Advice on the Case
Once the attorney has examined the evidence, they will advise you on whether or not to take the case to court. You have the choice of resolving the case through arbitration, which is out of court, or litigation, which is in court. Litigation is usually considered when the two parties are unable to resolve the case through mediation. Regardless of the method chosen, it is always advisable to resolve the issue in the presence of an experienced lawyer.
Filing the Case
If you choose to proceed to court, the attorney will help you in filing the case and presenting all the necessary documents. For the case to be successful, you need to provide them with all the information regarding the case. Don’t leave out even the small details as they may turn out to be the evidence you need to prove your case. Be cooperative, especially when you are asked to get certain information or recall events on a specific day.
Pre-Trial and Trial
The attorney will help you prepare and accompany you to pre-trial conferences and hearings. Before the trial begins, you will have the chance to go through your case with the lawyer. Pre-trial depositions of witnesses will also be done. Some cases will be resolved before they go to trial while others proceed to trial.
Construction cases entail complex laws and processes and thus it is essential to ensure that you get an experienced attorney. Additionally, these are cases that involve huge sums of money and thus should be handled by an expert. Take your time to choose wisely. Some of the factors that you should consider when hiring an attorney include experience in handling construction project conflicts, expertise, good reputation, and proper communication skills.
Whether you are the owner of a commercial or residential property or a party involved in the construction process, a construction litigation attorney can help in solving any conflicts or issues that arise during the construction process.