Construction Litigation

In recent years, the construction industry in the United States has seen unprecedented growth. This is especially true for southeastern North Carolina, as the New Hanover/Brunswick/Pender County area is one of the fastest growing regions in the country. The Wilmington metropolitan statistical area (MSA), which includes parts of these counties, experienced staggering expansion in the 1990s, ranking at one point as the second fastest growing area in the country, behind only Las Vegas, Nevada, based on the number of new home construction.

Construction of both residential and commercial structures has increased tremendously. With the rapid growth of the construction industry, however, has come a rapid growth in construction-related disputes. When faced with legal issues regarding construction projects, you need the assistance of an experienced construction law attorney. While there are many intricate types of construction law cases, most disputes generally deal with contract or construction defect issues.

Common contract issues include cost over-runs, changes in the scope of work, delays in construction, and construction liens. Most contract claims are governed by the language of the construction contract, the essential document setting out the rights and obligations of each party to the agreement. Because of the importance of the construction contract, it is always a good idea to have an experienced attorney review a proposed contract before signing it, to make sure your rights are protected and the contract is not one-sided in favor of the other party.

Construction defect claims deal with the quality of the construction. Generally, a builder is required to construct a structure in accordance with the workmanlike standards generally prevailing at the time and place of construction. This duty includes following all designs and specifications, applicable building codes, and manufacturer’s instructions. Many construction projects are designed by architects or other design professionals, and construction problems caused by a flawed design may result in a claim against the designer.

Construction projects can give rise to many complex legal issues. At Hodges Coxe & Potter, LLP we have considerable experience representing both builders and owners in construction law disputes. We have the professional knowledge to advise you before or during the construction process, in hopes of avoiding any potential disputes, and to successfully litigate any unavoidable claims arising out of the construction process.

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Construction Litigation