Experienced Kansas City Construction Law Firm
Call Our Team Today
1-800-523-5786

Construction Litigation Archives

Legal options for addressing construction defects

Property owners invest considerable resources in remodeling and construction projects. Therefore, financial damages can be substantial when things go wrong with a job. Denying final payment to a contractor might not solve the problem if the contractor retaliates with a mechanic's lien. People in Missouri confronted by shoddy work, defective materials, contractor disputes and abandoned work sites have a variety of options for filing complaints and seeking a resolution.

Using technology to resolve construction disputes

The complex nature of many construction disputes in Missouri means that many issues can be costly to resolve and stretch out over a long period of time. Indeed, the average construction dispute across the country can take around 14 months to reach a resolution. Two of the most common issues raised in legal battles over construction projects are errors and omissions and unsubstantiated claims, and building information modeling can play a role in helping to resolve some of these issues.

Defects can happen at any stage of construction

A Missouri builder could be liable for various types of construction defects. For example, a company may be held responsible for an issue with the design of a home, how it was put together or for lack of oversight while construction occurred. Liability issues can also ensue if there are problems with the home's electrical system, doors or windows.

How to settle construction issues

A construction dispute can cost both a contractor and a client time and money. Contractors may also worry that handling a dispute improperly could result in a strained relationship with the client. To reduce the odds of a dispute occurring, it is important to make the contract between the parties as clear as possible. Furthermore, the contractor should create daily reports that address any challenges that were faced in finishing a project on time.

Missouri contractor moves to compel arbitration in city case

After the City of Cape Girardeau, Missouri filed a lawsuit against a Poplar Bluff contractor, the contractor has filed a motion requesting that the court compels the city to go to arbitration and to dismiss the lawsuit. The contractor also filed a countersuit for up to $1.5 million if the case continues in court.

Architects could be accountable for construction defects

When a problem emerges during or after a construction project in Missouri, the owner, contractor and architect often point fingers at each other when liability needs to be determined. Architects include language in their contracts meant to protect them from liability in the event of construction problems. However, courts tend to scrutinize these terms, and they do not necessarily let architects avoid responsibility.

Contractor and bank foreclose on floundering fitness club

A big redevelopment project at the Aspen Club was meant to service tourists in Colorado, but financial trouble has prompted multiple contractors and the lender to foreclose on the property. FirstBank, which lent the club's owner $45 million, filed the first foreclosure action at the Pitkin County Treasurer's Office. According to the lender, the property owner owes $30 million. The general contractor, PCL Construction Services Inc., took similar action soon thereafter in Pitkin County District Court. The company activated its mechanic's lien on the property with the hope of recouping $19 million.

AIA dispute resolution revisions raise questions

Contracts developed by the American Institute of Architects often serves as a foundation for agreements between parties on a construction project in Missouri. Every 10 years, the organization revises documents, and it has added language to documents A101, B101 and A201 that is raising new questions and concerns.

Colorado Supreme Court rules on construction defect case

Builders in Colorado may have been in a celebratory mood on June 5 when the state's Supreme Court ruled on a landmark construction defect dispute. The case involved how the declarations for projects can be changed, and the justices ruled by a 5-2 majority that a homeowners association was wrong to file a lawsuit before first obtaining the builder's consent to change a binding arbitration provision.

Change may be ahead for construction defect lawsuits

If a bill that passed the Colorado House on April 24 also passes the Senate, homeowners associations will be required to let condominium owners decide whether they want to be involved in class action lawsuits. The condo market has slowed in the last few years partly because of lawsuits filed by homeowners associations. Builders claimed that it had become too easy to file frivolous lawsuits.

Our condo association was faced with monumental construction issues thanks to the original developer of our complex. We were cash poor and in no position to get legal representation without a contingency fee arrangement. Luckily for us, Scott Long and Burke Robinson were willing to take us on as clients. Their work ethic, professionalism and knowledge of condominium construction served our association very well. Any association would be well served in hiring these gentlemen to represent them.

Board of Directors - Plaza Gardens on the Lake Condominium Owners’ Association Lake of the Ozarks, MO

Read More Testimonials

Let Us Help You

Contact our Kansas City Construction Law Firm by calling 1-800-523-5786 or by completing this contact form.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy