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Civil Litigation

Construction Disputes

Construction disputes usually surface as money that has stopped moving: a payment application sitting unapproved, a change order nobody signed, a punch list that keeps growing.

Reviewed

01 GUIDE

Construction Disputes: what usually happens

Where projects go wrong

Scope and change orders are the most common starting point, usually because work was directed verbally and priced later. Then delay, and the argument over who caused it and who absorbed it. Then defective or nonconforming work, retainage that is not released, and payment that stalls somewhere in the chain between owner, general contractor, subcontractor, and supplier. Termination disputes and claims involving the architect or engineer come up as well. The same facts look entirely different depending on where you sit in that chain, which is why we start by placing you in it rather than by reading the complaint.

The project record decides most of it

Bring the contract and everything it incorporates, which usually means general conditions, the schedule, and the specifications. Then the running record: daily reports, RFIs and the responses, submittals, the change order log, payment applications and what was actually certified, and photographs taken as the work progressed. Notices matter more than people expect, because construction contracts commonly require a specific written notice within a set process before a claim is preserved at all, and those requirements differ from project to project. Contemporaneous records carry far more weight than a narrative assembled afterward, so a memo written last month about events from last year helps less than a dated field report.

Where the dispute actually goes

Many contracts route disputes to mediation first and then to arbitration, so the forum may already be settled by a clause signed at the outset. Mechanic's lien and payment bond rights exist alongside the contract claim and they are time sensitive, with requirements that differ by state and by whether the project is public or private. A bond claim is sometimes a faster route to payment than suing the party directly above you. Public work follows its own claim procedures. In a first conversation we look at which rights are still open to you, which are about to close, and what the contract requires you to send before anything else.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

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Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

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(424) 561-7557

Attorney Advertising. This page is general information about construction disputes and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.