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Construction Disputes

Construction Disputes

Construction projects are complex, expensive, and involve numerous parties from the owner to general contractors to subcontractors and sub-subcontractors. Given that size, cost and complexity, it’s no surprise that disputes frequently pop up among the parties. The consequences can be catastrophic, especially when the dispute:

  • Shuts down construction in process, affecting all contractors and vendors, as well as the owner/developer and financing party
  • Involves defects that make the finished construction unusable, leaving the owner/developer with no way to begin making back the cost of the construction

At the Yajizi Law Firm, we understand the complexity, and know how important it is to get the dispute settled quickly, fairly and, if possible, amicably (if you make your living in construction, you will probably end up working on future projects with some or all of the people involved in the dispute).

We’re experienced in the full range of disputes that may come up on a construction project, such as:

  • Basic contract interpretation of the terms specifying the roles of everyone involved)
  • Quality of construction and building integrity, including cracks, seepage, mold, etc.
  • Mechanical components, such as electrical, plumbing, HVAC, etc.
  • Quality of the “finishing” work (painting, trim, etc.)
  • Compliance with the building plans (placement number and size of rooms, doors, windows etc.)
  • Suitability and quality of materials used
  • Payment clauses

Of course, we also offer help with amending the contract’s language to solve the dispute and drafting future contract language to avoid more disputes (the best time to come see us is before you sign the contract).

Dispute Resolution Options

Good, experienced lawyers know that not all construction disputes should—or even can—go to litigation. Arbitration and/or mediation may be good options in some cases, and may be required by the contract. Even when arbitration is required by the contract, however, it often applies only to disputes between specified parties, typically the owner and the general contractor. If so, Jill Yajizi can help you determine whether the dispute you’re having is, in the eyes of the law, one that must go to arbitration or mediation.

Even before getting to those steps, however, we can bring our expertise to bear on the talking stage; it’s in the best interests of both sides to consider whether an informal resolution to the problem can be reached. Negotiation is far more effective when your attorney really understands the nature of the construction problem, and how the cost of potential repairs compares to the cost of sliding toward litigation. At the Yajizi Law Firm, we are sensitive to the need to preserve working relationships while protecting your financial interests.

If the case does justify litigation, the Yajizi Law Firm is well established in the Houston area. We can arrange for the assistance of other professionals that may be needed to unravel the complex relationships on a construction project, and to determine exactly what economic injuries have occurred as a result of defective construction, and what amount of damages will be required to compensate for them.

Residential Construction

Given the cost of labor and building materials today, residential construction disputes often involve sums of money large enough that the disputes lead to litigation. Residential construction disputes have a long and complicated legal history in Texas. The law that governs residential construction disputes is different from the law that applies to commercial construction disputes. And the residential construction dispute laws have changed significantly and often when it comes to the remedies available to owners and the defenses available to contractors.

At Yajizi Law, we know these laws, and we know how the courts apply them to the many different kinds of disputes they oversee. Our staff can effectively handle any type of construction claim that you may be facing. To learn more about how we can help, call today for a free consultation.

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