Construction Law

Pursuing Legal Action in Times of Uncertainty featured image

Pursuing Legal Action in Times of Uncertainty

At Cotney Attorneys & Consultants, we often advocate that contractors try to resolve disputes without resorting to litigation. The reason being that litigation can be incredibly costly and time-consuming for all parties involved — the average construction dispute costs $33 million and lasts 17 months. Furthermore, there’s no benefit to burning bridges unless you absolutely have to. Construction is a collaborative process that sees increased chances of success when parties are able to work together. A disagreeable party now could very well be a reliable business partner in the future. 

However, there are times when litigation is simply unavoidable. If you’ve tried everything you can to resolve a dispute in a timely manner, it’s time to call one of our Nashville construction litigation attorneys. The coronavirus disease 2019 (COVID-19) pandemic may make this process more complicated, but it in no way prevents you from pursuing litigation. 

Payment Disputes

Payment disputes are among the most common disputes that lead to litigation. Filing a mechanic’s lien is usually enough to let owners or general contractors know that you’re serious about pursuing owed payment. On the rare occasion that they still refuse to relinquish payment, contractors are left with no alternative but to enforce their lien (file a lawsuit).

In the state of Tennessee, general contractors have a full year to enforce a mechanic’s lien. Subcontractors and material providers, on the other hand, have only 90 days. Even during a pandemic, you must still abide by these deadlines to protect your lien rights. If you are owed payment on a project you provided labor or materials for, consult a Nashville construction litigation attorney with our law firm to move forward with litigation. 

Related: Don’t Be Afraid to Pursue Payment on a Coronavirus-Impacted Project

Moving Forward With a Lawsuit

Contractors with impending court cases likely have many questions regarding the logistics of moving forward with a court case given the COVID-19 pandemic. As of the time of this writing, in-person proceedings at local and state courts are temporarily suspended in Tennessee. Courts remain open and are operating through telephonic and videoconferencing. This order was just extended until May 31 by Chief Justice Jeff Bivins and the Tennessee Supreme Court. “I am very impressed with how judges, lawyers, and everyone in the system have quickly innovated and adapted to keep the courts open and dockets moving forward,” said Chief Justice Bivins. 

Although the pandemic has put a strain on our court systems, it should in no way deter you from pursuing litigation. For any questions, please consult a Nashville construction litigation attorney from Cotney Attorneys & Consultants. 

Related: Does Your Construction Firm Generate Over $500,000 in Revenue Per Year?

When There Are No Other Options 

Most disputes are resolved long before a courtroom is seen. More often than not, a well-drafted demand letter is enough to resolve a dispute. Other times, contract-mandated arbitration will force disputing parties to come together to find a mutually agreeable resolution. But sometimes litigation is the only remaining option. 

If you’ve tried everything you can think of to resolve a dispute and get a project back on track to no avail, consult a Nashville construction litigation attorney from Cotney Attorneys & Consultants. Our team of attorneys can look over the specifics of your case and determine the best course of action. If litigation is truly the only option that remains, we will aggressively fight on your behalf. 

If you would like to speak with one of our Nashville construction litigation 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.