Construction Law

Common Legal Issues in the Construction Industry featured image

Common Legal Issues in the Construction Industry

Nary a day goes by that a construction professional isn’t faced with some form of legal controversy. Whether it’s a dispute with an owner, a citation from the Occupational Safety and Health Administration (OSHA), or something else entirely, there’s no shortage of ways for a contractor to find themselves at odds with the law, even when they’ve done nothing to warrant a cross-examination. 

Take it from us, the Nashville construction lawyers at Cotney Attorneys & Consultants, we’ve handled all manner of construction-related legal disputes during our years fighting on behalf of the construction industry. We’ve witnessed firsthand how contractors fall victim to avoidable setbacks, and we’re here today to share some of the common legal issues you should be on the lookout for each and every time you sign a contract or step foot on a project site. Remember, for all of your construction-related legal needs, a Nashville construction lawyer is standing by.

Contract Disputes

We could discuss the nuances of construction contracts for eternity and still find more to talk about. Contract disputes are hands down the most common cause of construction-related disputes. Fortunately, contract disputes can be mitigated rather easily with the assistance of a Nashville construction attorney. Simply call upon an attorney from Cotney Attorneys & Consultants to review your contracts before signing on the dotted line and witness firsthand how an adept legal professional scours these important documents for provisions and clauses that have no place in your contracts. When your contracts are reviewed in advance, you can rest assured that a normalized process for handling change orders, payment disputes, and other common issues has been established, which means less to worry about on your side of the project.

Mechanic’s Liens

When an owner refuses to pay you for your hard work, a mechanic’s lien can be used to obtain payment. Unfortunately, many contractors fall victim to mechanic’s lien follies, but this doesn’t have to be the case. When you consult a Nashville construction lawyer, you can rest assured knowing that your lien complies with all necessary notice requirements, deadlines, and enforcement procedures. As far as getting paid goes, the mechanic’s lien is hands down your most powerful tool; don’t let it go to waste by failing to satisfy the lien laws in Tennessee.

Other Common Legal Issues

In addition to the two major sources of legal issues in the construction industry discussed above, contractors must be on the lookout for the following:


  • Project Delays: When things don’t go as planned, it typically leads to delays. In many cases, the contractor is not at fault, but that doesn’t mean a delayed project won’t cause feuds with an owner.
  • Design Defects: Whether it’s an accusation pertaining to structural defects, substandard materials, or code violations, you need a Nashville construction lawyer on your side to prove that your quality of work was sufficient.
  • OSHA Citations: Not all disputes involve an unscrupulous owner. In many cases, OSHA is the disgruntled party. Our Nashville construction lawyers can deftly handle OSHA citations, disproving their claim that you allowed an unsafe working environment to exist under your watch.

If you would like to speak with one of our Nashville construction attorneys, please contact us today.

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.