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When to Contact a Construction Litigation Lawyer

Posted by Thomas P. Howard | Jan 20, 2022 | 0 Comments

Whether you're a contractor or property owner, there are a lot of things that can go wrong during construction projects. Property owners might refuse to pay; contractors might not perform to contractual standards; and projects may suffer lengthy delays.
When should you hire a construction litigation attorney? Here's a brief guide to working with construction litigation attorneys.

The initial contract

When you're starting a project (whether as the contractor or property owner), it's smart for both sides to hire an attorney. Lawyers can review the construction project contracts to ensure that they're clear, that they offer specific, appropriate consideration and that they specify remedies for breach of contract. They will also ensure that the contract lists start and end dates and the materials used.

Many residential projects commence without the benefit of contract review. It's more common to see lawyers involved in commercial or other large-scale projects; however, all parties can benefit from a lawyer's careful review. Think of it as a way to establish expectations from the outset—and make sure that those expectations will hold up in court, should there be a conflict.

Breach of contract

A breach of contract occurs when one party fails to uphold part or all of their agreement. Some breaches are so severe that they may invalidate the entire contract, while smaller breaches might be solved by other remedies, such as removing the offending clause.

Either party can breach the contract. For example, a builder could fail to complete the project on time or use the agreed-upon materials. A property owner or developer might fail to pay the builders.

When a breach happens, construction litigation is usually necessary. As long as the contract is fair and enforceable, the breaching party may be eligible for financial compensation, construction liens, recission, modifying the contract or other remedies as appropriate. A construction lawyer can help you determine what your rights are and how a court may uphold them.


Injuries are always a possibility during construction. For the most part, insurance policies should cover liability for injuries and property damage; however, in some rare cases, a construction worker could harm a property owner, resident or visitor. This is a very good time to seek legal assistance. Depending on the cause of the accident and the severity of the injuries, your insurance policies may not be enough to cover all injuries and damage.

While litigation might seem like the best answer initially, a construction attorney will let you know whether that's the best course of action. These cases can be complex, so it's best to have seasoned legal advocates on your side.

Construction litigation attorneys

If you need construction litigation services, Thomas P. Howard, LLC can help. Our team of construction litigation attorneys can help you with everything from contract review to establishing construction liens. We'll help you navigate this complex and lengthy process from start to finish. Get in touch with our firm today to learn more about our services, and take advantage of our consultations.

About the Author

Thomas P. Howard

Thomas Howard is an experienced trial lawyer that handles intellectual property litigation nationwide, including copyright, trademark, trade secret and patent litigation, as well as complex civil litigation, including breach of contract, interference with contract, breach of fiduciary duty, conspiracy, fraud and fraudulent transfer of assets.


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