If you choose to work with a contractor during the construction of your home or other property, you will likely be asked to sign some type of construction contract. While these contracts may help protect each party involved in the construction process, they cannot address every issue that may arise. In the unfortunate event you are faced with construction delays, unexpected expenses or poor craftsmanship, you may eventually consider taking the legal route to resolve your issue. However, before filing a lawsuit, consider having an attorney look over your contract for any clauses regarding alternative dispute resolutions.
Watching your dream home be constructed from the ground up can be one of the most exciting events of your life. During the construction process, there are thousands of elements that must come together to properly complete the project. However, sometimes issues arise that make it necessary to put the project on hold in order to properly address any problems or concerns. When these issues go unaddressed, homeowners may experience construction defects down the road, after completion, that could turn their dream home into a nightmare.
When a new home is built, the municipal inspector will perform an inspection to approve the construction and see that it is ready to be put on the market. When there is an individual looking to purchase the home, the purchaser may hire their own independent inspector. In fact, for the sale of most homes an inspection is required by the lender. Occasionally, defects are discovered in a home after the sale, even when the purchaser had an independent inspection. When this happens, homeowners may wish to turn to an attorney with construction litigation experience to help resolve the matter.
"Could three of the four largest cities be that wrong?" asks Tom Clark of the Metro Denver Economic Development Corp., referring to Colorado cities that have passed (or, like Denver, are working to pass) their own ordinances on construction defects reform. They have done so, Clark argues, because state legislators have repeatedly failed to pass statewide reform.
Not too long ago business was done with a handshake contract. In just minutes two people would weigh their trust for one another, come to an understanding, and agree on terms all during one conversation. Although hiring a teen to mow the grass or finding a baby sitter for the night can still be done through a handshake contract, most of those days are over. Business deals are now hashed out over months with a team of well respected and highly skilled attorneys. So what ever happened to the handshake contract? Well, it went the same way as consumers' trust did.
Due to the sheer number of workers that are often involved in a construction project, there may be a greater potential for disputes that escalate into construction litigation. For example, the entities involved in a construction project may include municipalities, contractors, subcontractors, developers, homeowners associations or zoning authorities, and others.
Although every construction site may pose certain safety hazards, the addition of human error and negligent oversight can be a recipe for disaster. A recent construction accident involving a section of I-75 provides context.