Legal Guidance On Breach Of Contract, Warranty And Construction In Kansas City
Construction projects involve multiple parties, large budgets and strict timelines. When things go wrong, disputes can arise, leading to financial loss and stress for everyone involved.
At Long & Robinson, LLC, we are down-to-earth yet highly professional. Based in Kansas City, Missouri, our team has over 80 years of combined experience in construction litigation.
Common Types Of Construction Contract Disputes
In construction law, a breach of contract occurs when one party fails to meet their obligations under the agreement. Some common examples include:
- Failure to meet a project deadline, leading to delay claims.
- Nonpayment for work completed, creating grounds for a nonpayment claim.
- Failure to perform work as specified in the contract, resulting in contract enforcement disputes.
- Using substandard materials, leading to a construction defect.
- Abandoning the project before completion can leave owners or contractors at risk.
These disputes can escalate quickly, and having an experienced lawyer helps ensure that your rights are protected and your contract is enforced.
Understanding Construction Warranty Claims
Not all disputes in construction law stem from contracts. Many also involve warranty claims. A breach of warranty is different from a breach of contract, as it focuses on the quality and durability of the work rather than simply meeting contractual terms. In Kansas City, Missouri, homeowners and contractors often deal with express and implied warranties.
Express Versus Implied Warranties In Construction Law
Express warranties are specific promises included in the contract such as guaranteeing materials or workmanship for a set period. On the other hand, implied warranties, even if not written, mean that the law assumes that contractors will perform work in a workmanlike manner. This protection is crucial for homeowners who may not have detailed written warranties.
Our attorneys are well-versed in handling express and implied construction warranty claims. Whether it is a commercial construction dispute or a residential matter, we work diligently to resolve cases efficiently.
Frequent Questions About Construction Disputes Across The Kansas City Area
Managing construction projects involves handling overlapping subcontractor relationships, unexpected site conditions and sudden cost spikes that can threaten your financial stability. When disputes arise, facing complex liabilities and strictly enforced contractual notice windows requires a clear strategy. Our lawyers address some of the most frequent legal inquiries regarding local construction concerns below.
What is the difference between a breach of contract and a breach of warranty in construction?
A breach of contract generally happens when a party fails to perform a specific term or duty set forth in the agreement, such as missing project deadlines or abandoning the job site. A breach of warranty typically focuses on the quality, safety or durability of the finished work rather than basic performance obligations. Essentially, a contract claim usually targets broken obligations, whereas a warranty claim potentially targets defective or substandard output.
What are express vs. implied warranties in Missouri and Kansas construction law?
Express warranties are explicit, written promises detailed directly within the contract terms, such as a one-year guarantee on roofing materials. Implied warranties may exist automatically by operation of law, helping assure that contractors complete projects in a workmanlike manner fit for habitation. Both Missouri and Kansas courts can enforce these standards to safeguard project owners from hidden defects regardless of express terms.
How long do I have to file a breach of contract or warranty claim in Missouri and Kansas?
In Missouri, the statute of limitations for written construction contracts and warranties is typically five years from when damage is capable of ascertainment. In Kansas, parties generally have five years from the date of breach for written contracts and three years for oral agreements or implied warranties. Missing these strict statutory deadlines can permanently bar you from recovering financial damages, making prompt legal action essential.
Can a contractor disclaim implied warranties in a commercial construction contract?
Yes, commercial parties in both Missouri and Kansas may generally waive or disclaim implied warranties if the disclaimer is explicit, clear and conspicuous. Courts may hold commercial entities to higher standards of negotiation compared to residential buyers, potentially making precise contract language enforceable. However, any waiver attempting to excuse fraudulent acts or gross negligence could remain legally unenforceable.
What damages can be recovered in a construction contract or warranty dispute?
Recoverable remedies could include the reasonable cost to repair or complete the defective work. Parties may also pursue potential consequential damages, such as lost rental income or temporary relocation fees caused by delays. In specific circumstances, statutes or contracts might authorize courts to award prejudgment interest and attorney fees.
Let Us Help
At Long & Robinson, LLC, we combine professionalism with approachable service. If you are dealing with a breach of contract construction case, construction defect or warranty issue in Kansas City, call us at 816-708-2218 or contact us online to arrange a consultation.