The legal framework of a construction project consists of a combination of contractual agreements plus those obligations surrounding state and federal regulations. The kind of construction disputes that can result in litigation are typically limited to those projects focused on:
- Buildings and structures: Residential, commercial, and public.
- Infrastructure: Roads, access ways, bridges, highways, and public utilities.
- Industrial-scale projects: Plants, manufacturers, and factories.
Common causes of conflict
The wide variety of potential disputes concerning construction projects revolves around the owner of the real estate (who commissions the project or leases the land), contractors, sub-contractors, and, depending on the scale, government entities. Common disputes include:
- Disagreements over the scope of the work completed are one of the most common causes of construction disputes. If the outcome is something that violates terms of a contractual agreement, a breach of contract case could be argued.
- The most common parties engaged in a dispute would be an owner and a general contractor (or a general contractor and a sub-contractor). Contracts can be effective documents for making the scope of work clear, with expected timelines, budgets, and contingencies.
- When a general contractor replaces one sub-contractor with another, especially in projects that have government involvement or public work, there could be cause for litigation.
- If construction defects are discovered in a project, the general contractor or a sub-contractor might be in breach of contract, depending on the severity of the damage. In more severe cases, the owner can make a case for negligence against the party that caused the construction defect.
Finding the right advocate for your dispute
If you’re at an impasse with how to deal with a construction dispute or are dealing with an uncooperative party, it could help to contact an attorney who experienced in construction law and the Texas state regulations that will guide your claim.