While there are so many construction projects getting completed without any major problem, in some cases the construction work can go awry. There could be few common reasons behind a construction project going wrong like: unrealistic expectations or scope of the project in the first place, use of low quality materials, lack of communication, dishonesty, ignorance of important safety norms, human error, etc. There could also be problems with the construction plan and specifications.
Once you are dissatisfied with the contractor and all attempts to settle the dispute amicably out of court fail, you need to seek legal advice.
There are several consultancy firms who don’t provide legal advice however they can provide expert testimony and detailed reports which are required as evidence for resolution. Först Consulting Group makes every attempt to provide mediation services between homeowners and contractors, however when everything else fails, they also provide important construction litigation support. Normally construction disputes are contractual where the dispute is generally handled as the contract stipulates.
A pragmatic legal advice is necessary which includes intricate and diligent reports having every detail related to the construction.
There can be several reasons behind an employer’s claim against the work done by the contractor:
A claim for poor quality of workmanship and other visible defects
Defective work can range from undetected problems to significant issues which are necessary for completeness of the project. Such a defect would always be categorized as a deviation from the contract terms. A reason for such a miss could be a faulty construction plan, use of low quality building materials or simply poor workmanship. The contract can include a defect liability clause which would need the contractor to remediate any defects that may arise during the rectification period usually six to twelve months. In short, it could be poor workmanship, low quality materials, negligent design or a mixture of all.
For delayed construction projects, the liquidated damage clause in the contract can be evoked.
It is important to know and understand your rights as per the contract so that you can seek legal opinion when you are not happy with the construction work. For such a claim, you should have all the necessary evidence, which would ideally include the written contract, proof of payment, emails or letters communication outlining your dispute, and photographs which can show shoddy construction work. In certain cases, you may also need a credible and expert witness opinion.