Construction of any structure is a complex process that is often subject to changes in conditions along the way. Construction is also strictly governed by a contract between the two parties. If one party is not following the contract, there may be possible litigation. Here are some reasons for construction disputes.
One of the main grounds for complaint is that the builder has not strictly followed the contract according to the specifications. The purchaser has the legal right to receive delivery of a building that follows specifications and building standards. If the builder has materially departed from the terms of the contract (not all departures are material), they can be held legally responsible.
The builder may also have run into issues (sometimes excusable and sometimes inexcusable) that cause delays. The parties will often disagree about whether the failure to follow the timetable was excusable. For example, adverse weather conditions may give the builder extra time to complete the job. On the other hand, the builder’s own failure to plan is an inexcusable delay.
From the buyer’s perspective, they must pay on time and in accordance with the terms of the contract. Some contracts require milestone payments that the buyer must make when the builder has reached certain phases. If their financing falls through, or if they fail to pay on time, they can be considered in breach of contract.
It is always better to resolve construction disputes by talking among the parties rather than heading immediately to court. An experienced attorney can help advocate for your position.
Contact a Los Angeles Construction Disputes Attorney Today
The law offices of Alan J Carnegie help both contractors and buyers in construction disputes. To schedule an appointment to speak with an attorney, call us today at 877.261.4456 or send us a message online.