Construction Law
5 Disputes That Can Lead to a Lawsuit Part 2
In this second part of series, we finish up our list of disputes that lead to lawsuits. Visit Part 1 to read the beginning of the article.
At the core of many disputes is the failure to understand a contract. This can be due to a poorly written contract or failure to make provisions within the contract as a safeguard for the unexpected risks that may arise. Lawsuits can be avoided with the help of a Orlando construction lawyer who is skilled in dispute resolution.
3. Delays
Delays is the third type of dispute on our list. Delays will happen regardless of who or what causes the delay. The question remains: who is responsible? Delays occur for various reasons like scheduling conflicts and weather conditions. Since delays can’t always be avoided, it’s a good idea for parties to agree upon and insert a delay provision into the contract that allows an extension on completion.
4. Differing Site Conditions
At times, the condition of a job site may different materially from what was originally described in the contract. Furthermore, site conditions may be unusual from what is considered normal for site conditions. This can lead to lawsuits if not handled properly. A differing site condition clause can help to rectify this type of dispute.
5. Construction defects
Defect disputes frequently arise post construction when the finished project does not perform according to design plans and specification. The defect may be a result of poor workmanship, poor site selection, or negligence. Usually, clauses are drafted into a contract addressing defects and how repairs will be handled within a specified period of time.
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Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.