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construction litigation Archives

Collapsed bridge shows how a defect can result in litigation

If you are like many North Carolina residents, you were dismayed when you heard the well-publicized news about the pedestrian bridge under construction that collapsed near Florida International University’s campus last March, killing several people. At the Triangle Law Group, we are aware of the different ways a construction defect can impact others. These include the potential for serious injury or death, as well as litigation against the companies involved.

What is a construction lien?

Nobody expects another to work for nothing, and when you perform a service, you are owed a payment. Paying for services rendered is the basis of the free-enterprise system in North Carolina, and throughout the U.S. So you may be likely to both understand and support a business or person who is not paid for completed work.

Resolving a dispute with a subcontractor

Disputes arise over construction projects for many different reasons and our blog has delved into this topic carefully. However, those who run a construction business encounter all sorts of other issues, such as disputes with subcontractors. As with other construction disputes, a disagreement with a subcontractor may surface for all sorts of reasons. For example, the scope of work is a common cause of disagreement. In some instances, a subcontractor may bid for a portion of a project, while a contractor was under the impression that a larger portion of the project was included in the bid.

Assigning liability for design deficiencies

Whenever your firm is tasked with the design of a new construction project in Raleigh, it is always tempting to try and secure the "wow" factor from stakeholders and the general public by going with a novel new design. Such a gamble can often pay off with increased notoriety, however many of the clients that we here at the Triangle Law Group have worked with often discover that when your name is on a project, you quickly are assigned the blame for any design flaws. This is true even if you contracted with another company to come up with a structure's design. The question, then, is whether you can then hold the designer's feet to the fire. 

Construction disputes may involve environmental concerns

Protecting and healing the environment are two of the biggest concerns when it comes to power consumption and construction. In North Carolina and elsewhere, politicians, activists and the general public often worry that developing communities and obtaining domestic sources of fuel will harm the local environment and have a devastating impact on native species and the climate as a whole. Not surprisingly, this may lead to construction disputes.

Understanding conditional zoning

Completing large-scale construction projects in Raleigh can be quite a complex task. Having the resources needed is only half the battle; those managing and leading such projects must also ensure that their work is in compliance with local ordinances. Many developers often find themselves at odds with officials over zoning regulations. A location perceived to be ideal can quickly become anything but if the proposed use of the land does not match the type of properties it was zoned for. 

Defining the different types of construction delays

When managing construction projects in Raleigh, you know that ensuring that all components are completed when they need to be can be a difficult balancing act. A delay in the delivery of service from any of your contracted providers can throw your entire timeline off. Several others in your position who have experienced such delays have come to us here at the Triangle Law Group wondering if it is possible to seek damages to recoup their losses. To understand whether that is indeed a possibility, you must first be familiar with the types of delays recognized as being associated with the construction industry. 

Construction litigation can be contractual or based on negligence

Construction litigation in North Carolina can erupt from far more than alleged breaches of the construction contract by one or more parties. Other forms of litigation can arise as initiated by third parties not related to the construction itself.

Waivers of consequential damages can be unwise for owner-developers

Contract law, particularly when there is a breach of a North Carolina contract, will address the issue of compensable damages to the injured party to the contract. As explained by the American Bar Association, damages are typically divided into two categories: direct damages and consequential damages.

Most expensive home defects and repairs

Purchasing or building a home in North Carolina should be an exciting time, but poor quality construction could turn your home buying adventure into a nightmare. You should be on the lookout for warning signs of serious issues within your home in order to fix them promptly. Here at Triangle Law Group, we understand that some contractors do not fulfill their responsibilities adequately, and we fight to hold them accountable.

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