There are many specific examples of construction defects that could result in a dispute. Some are based on aesthetics, such as when a construction company installs the wrong cabinets or the wrong flooring. Others are based on safety, such as when there are structural...
Construction Law
How to prepare for a scope change lawsuit
Construction projects are complex endeavors that require careful planning and execution. Despite the best-laid plans, unforeseen circumstances, such as scope changes, can lead to disputes and, in some cases, litigation. Suppose this is your current predicament; it’s...
Common types of construction disputes
Running a construction company is, at best, challenging. No matter how skilled your workforce is, issues will inevitably arise. Being aware of the common types of problems that might occur on the job goes a long way in helping you prevent them. Unclear terms often...
How scope creep contributes to construction project delays
Construction projects require meticulous planning, precise execution and tight adherence to timelines. However, it's not uncommon to encounter unexpected changes or additions to the project that were not initially accounted for in its original scope and schedule,...
Important considerations when drafting construction contracts
Establishing a solid contractual foundation is crucial before embarking on a construction project. Construction contracts lay the groundwork for a successful project, ensuring clarity, protection and a smooth working relationship between the parties involved. However,...
Can you terminate a contractor after substantial completion?
The term “substantial completion” typically appears at least once in any construction contract. It is used to determine a whole host of things. It typically means the same thing in every state. Under Tennessee law, it’s defined as the “degree of completion of a...
The contractor has left the job unfinished. What should I do?
You have a construction or renovation project coming up. So you have identified and paid a contractor. Then halfway through the job, the contractor goes MIA. Now you are stuck with an incomplete project, limited funds and unused materials. What happens next?...
Non-compete agreements in the construction industry
Non-compete agreements have been the subject of a lot of negative press, largely because they’re often used when there’s no legitimate business interest in doing so. They can also restrict people from getting needed employment in the same industry when doing so would...
Contractor and subcontractor disputes often lead to litigation
Some occupational partnerships in the construction industry turn out to be nearly perfect. The contractor and subcontractors share a drive to succeed, communicate well and have similar professional ethics, for example. Other times, the two parties cannot agree on...
How do construction cost overruns happen?
Wouldn’t it be awesome if your construction project was completed on schedule and within the designated budget? While this is every client’s dream, not all construction projects go as planned. One of the issues construction projects run into is cost overrun. But what...