Construction Litigation

Construction projects often involve multiple parties, all of whom have discrete rights and obligations and are subject to different deadlines. As such, many scenarios may arise during or after a project that may result in one or more parties feeling aggrieved. Unfortunately, many construction disputes are not readily resolved, and, in some instances, the party that has suffered a loss must take legal action to protect their rights. If you are embroiled in an argument related to a construction project, you should contact an attorney as soon as possible. Attorney Howard Leopold of Leopold Law, L.L.C. is an assertive Bergen County real estate lawyer who can analyze the circumstances that caused your disagreement and formulate a strategy that will help you seek your desired outcome in an efficient manner. Mr. Leopold represents parties in real estate matters in Bergen County and other cities throughout New Jersey and New York.

Typically, a construction project will involve at least one contract between the property owner and a contractor. In many instances, though, they involve multiple contracts, such as agreements between a general contractor and sub-contractors or between property owners or contractors and design professionals like architects and engineers. The contracts generally set forth each parties’ duties, timelines for completion, and the rate of compensation. Typically, when a dispute arises on a construction project, it is because one party disagrees over the interpretation of a contractual provision or fails to comply with the terms of the contract. For example, parties may disagree over what materials should be used during construction, what constitutes a delay and when delay damages are appropriate, or the obligations imposed on a party. In some instances, a conflict may arise when a party improperly performs its tasks, causing defects. Typically, disputes can cause delays in contract completion, which often results in financial losses. 

Parties who suffer losses due to disagreements arising out of construction projects will often seek damages in a civil lawsuit. The claims a party may pursue will depend on the facts surrounding the dispute, but generally, many construction-related cases involve breach of contract claims. In New Jersey, a party seeking to recover compensation for a breach of contract must demonstrate the formation of an agreement, performance of the obligations imposed by the agreement by the party pursuing claims, and a breach of the agreement by the responding party. The breach generally must be material, which means it must involve one of the key provisions of the contract and not a minor clause. The party must also prove harm caused by the breach to a reasonable degree of certainty. A party that successfully demonstrates harm caused by a contractual breach will generally be awarded compensation to restore the party to the position it would have been in had the other party complied with the contract.

In some instances, a party harmed due to a construction dispute may be able to assert a negligence claim. For example, if a contractor performs its contractual duties but damages a portion of a property after the duties are completed, it may be considered negligence. Generally, negligence claims require a plaintiff to establish that the defendant had a duty to act with reasonable care, the defendant’s acts or omissions amount to a breach of the duty, and actual losses caused by the breach. Other theories of recovery a plaintiff may be able to pursue include breach of warranty, fraud, misrepresentation claims, and claims of unjust enrichment.

Construction projects are often rife with discord, and in many instances, legal claims arise out of disagreements that cannot be resolved. If you are involved in a construction dispute and have questions regarding construction litigation, you should confer with an attorney regarding your rights. Attorney Howard Leopold of Leopold Law, L.L.C. is an assertive Bergen County real estate lawyer who is adept at handling construction-related claims, and if you hire him, he will advocate aggressively in your favor to help you seek a favorable result. Mr. Leopold has offices in Hackensack and New York City, and he regularly represents parties in real estate matters in Bergen County and cities throughout Hudson, Passaic, and Essex Counties in New Jersey, and Bronx, Richmond, Kings, New York, Queens, and Rockland Counties in New York. You can contact him via the online form or at his New Jersey office at (201) 345-5907 or his New York office at (646) 650-2106 to set up a confidential and free conference.