Home About Practice areas Media Press
Case Results Testimonials Contacts
Home About Practice areas Media Press Case Results Testimonials Contacts

As seen on

We are in the ranking

Construction Litigation Attorney

Representation in Complex Construction and Development Disputes

Arkady Bukh Law Firm represents developers, general contractors, subcontractors, property owners, investors and construction companies in serious construction disputes in the United States.

Construction litigation can affect project financing, payment for completed work, development schedules, property value and the ability to complete or occupy a building. A dispute may begin with a rejected invoice, disputed change order, missed deadline, failed inspection or complaint about construction quality. In more serious matters, the parties may face work stoppages, threatened termination, liens, claims against payment security or demands for extensive repairs.

The firm represents plaintiffs and defendants in disputes involving:

  • Construction and development contracts
  • Construction defect claims
  • Project delays and schedule disruption
  • Change orders and additional work
  • Payment and non-payment
  • Contractor and subcontractor disputes
  • Warranty obligations
  • Design, engineering and professional-service issues
  • Insurance, indemnity and responsibility for losses
  • Emergency injunctions and project-related court applications
  • Damages, discovery, arbitration and trial

Representation may begin before a lawsuit is filed or after a client receives a demand, termination notice, lien claim, arbitration demand, complaint or request for emergency relief.

The appropriate strategy depends on the construction documents, project status, available evidence and commercial objective. A contractor seeking payment may require a different approach from an owner seeking repairs or a developer trying to keep a delayed project moving.

Who the Firm Represents

Arkady Bukh Law Firm represents:

  • Property developers
  • Commercial and residential property owners
  • Real estate investors
  • General contractors
  • Subcontractors
  • Construction companies
  • Project managers
  • Suppliers and other project participants
  • International clients involved in U.S. construction projects

A project may involve several contracts and layers of responsibility. The interests of an owner, developer, contractor, subcontractor, architect, engineer and insurer may not be the same.

Potential conflicts should be identified early, particularly when several participants blame one another for the same delay, defect or financial loss.

Early Assessment of a Construction Dispute

A construction case should begin with a review of the project agreements, actual work performed and present condition of the property.

Relevant materials may include:

  • Prime contracts and subcontracts
  • Drawings, plans and specifications
  • Change orders and directives
  • Applications for payment
  • Invoices and payment records
  • Project schedules
  • Daily reports and meeting minutes
  • Requests for information
  • Inspection and testing records
  • Photographs and videos
  • Correspondence among project participants
  • Warranty documents
  • Insurance and indemnity provisions

Counsel may also need to determine:

  • Which party controlled the disputed work
  • Whether notice requirements were satisfied
  • Whether an opportunity to inspect or cure was provided
  • Whether the project is continuing or has stopped
  • Whether evidence may be changed by repair or demolition
  • Whether payment, lien or arbitration deadlines are approaching
  • Whether emergency court relief is necessary
  • What damages or other remedies may realistically be pursued

The legal strategy should support the client’s practical objective. That objective may be payment, completion of the project, correction of defective work, defense against an overstated claim or a negotiated separation from another participant.

Construction Contracts and Project Documents

Construction disputes often arise from several related agreements rather than one document.

A project may include an owner-contractor agreement, multiple subcontracts, design agreements, purchase orders, financing documents, insurance policies and warranties.

These documents may allocate responsibility for:

  • Scope of work
  • Design and specifications
  • Project scheduling
  • Site conditions
  • Permits and inspections
  • Payment procedures
  • Change-order approval
  • Delays and extensions of time
  • Indemnification
  • Insurance
  • Warranties
  • Dispute resolution
  • Termination

A party may have performed work outside the original scope but failed to follow the contractual change-order procedure. Another party may have complied with the written procedure but still face a dispute over pricing, schedule impact or authorization.

The full course of the project should be reviewed together with the written documents. Meeting minutes, field directives and repeated acceptance of a particular procedure may affect the parties’ positions, depending on the agreement and applicable law.

Construction Defect Claims

Construction defect litigation may arise when an owner, developer, purchaser or other party claims that completed work does not conform to the contract, plans, building requirements or accepted construction standards.

A defect claim may involve completed construction, partially completed work or a condition discovered years after the relevant work was performed.

The alleged defect may affect:

  • Structural components
  • Roofing and waterproofing
  • Exterior walls and building envelopes
  • Foundations
  • Windows and doors
  • Mechanical systems
  • Electrical systems
  • Plumbing
  • Fire-protection systems
  • Drainage
  • Concrete or masonry
  • Interior finishes
  • Accessibility features
  • Materials or installed products

The existence of damage does not automatically establish who is legally responsible. The condition may result from design, workmanship, materials, maintenance, later alterations, improper use or a combination of factors.

Design Defects

A design defect claim may allege that the plans, specifications or calculations were incomplete, inaccurate or unsuitable for the intended project.

The dispute may concern the architect, engineer, design-build contractor or another professional responsible for design decisions.

Important questions may include:

  • Who selected the design?
  • Who approved revisions?
  • Did the contractor follow the plans?
  • Were the plans constructible?
  • Were site conditions accurately considered?
  • Did later changes contribute to the problem?
  • Was the condition caused by design or execution?

Contractors may argue that they followed the documents provided to them. Owners may argue that a contractor should have identified an obvious inconsistency or requested clarification before proceeding.

Responsibility depends on the contracts, professional obligations and facts of the project.

Workmanship Defects

Workmanship claims concern the manner in which construction was performed.

The allegation may be that work was incomplete, improperly installed, inconsistent with specifications or below the required standard.

Examples may involve incorrect installation, missing components, inadequate fastening, improper sequencing, insufficient protection from weather or failure to follow manufacturer instructions.

The defense should determine who performed the work, who supervised it, whether it was inspected and whether another trade later altered or damaged the completed condition.

Material and Product Defects

A problem may arise from a product or material rather than installation.

The parties may dispute whether a component was defective when supplied, inappropriate for the intended use, damaged during storage or installed contrary to the manufacturer’s requirements.

Relevant evidence may include purchase orders, product data, delivery records, storage conditions, warranties, testing results and communications with the supplier or manufacturer.

Water Intrusion and Building-Envelope Claims

Water intrusion can produce claims involving roofing, flashing, exterior walls, windows, drainage and waterproofing.

The visible location of moisture may not identify the source. Water can travel through a structure before appearing inside the building.

Investigation may require destructive testing, moisture mapping, review of weather conditions and examination of design transitions between different building components.

Repairs should be documented carefully because opening or replacing the affected area may destroy evidence concerning the original condition.

Structural and Safety Allegations

Structural claims may concern foundations, framing, load-bearing elements, settlement, cracking or other conditions allegedly affecting stability or use.

These cases may require prompt expert evaluation, particularly when continued construction, occupancy or public access may create additional risk.

An allegation that a condition is unsafe should be investigated seriously, but the legal and technical conclusions should still be based on reliable evidence rather than assumption.

Building-Code and Inspection Issues

A defect claim may refer to building codes, permit requirements or failed inspections.

Code noncompliance can be important, but it does not always resolve every question of contractual liability, causation or damages.

The defense should determine which code applied at the relevant time, who was responsible for compliance and whether the condition caused the claimed loss.

Approval by an inspector also may not eliminate contractual or professional obligations.

Notice, Inspection and Opportunity to Cure

Construction contracts and state laws may require specific notice before a defect lawsuit proceeds. A contractor or other participant may also have a contractual or statutory opportunity to inspect and propose repairs.

These requirements vary by jurisdiction and project type.

The receiving party should not ignore a defect notice. At the same time, an inspection or proposed repair should be planned carefully so that evidence is preserved and responsibility is not admitted unintentionally.

Before substantial repairs occur, the parties may need photographs, measurements, material samples, testing and expert documentation of the existing condition.

Preserving Defect Evidence

The physical condition of a construction project can change quickly.

Water may dry, damaged materials may be removed and incomplete work may be covered by later construction. For that reason, preservation should begin as soon as a serious defect dispute is anticipated.

Relevant steps may include:

  • Photographing and recording the condition
  • Preserving removed components
  • Identifying who performed and inspected the work
  • Collecting drawings and submittals
  • Preserving testing and commissioning records
  • Recording dates of repair and additional damage
  • Providing appropriate notice before destructive testing
  • Maintaining chain-of-custody information for samples

A party should not deliberately allow damage to increase merely to strengthen a claim. Reasonable mitigation may be necessary, but emergency repairs should be documented before and during the work whenever circumstances permit.

Delay and Schedule Disputes

Construction delays may affect financing, labor, material costs, tenant commitments and the ability to generate income from the property.

A delay claim requires more than showing that the project finished later than originally expected. The parties may dispute:

  • The contractual completion date
  • Approved extensions of time
  • Responsibility for critical-path delays
  • Concurrent delays
  • Changes in the scope
  • Late design information
  • Site access
  • Weather or unforeseen conditions
  • Material shortages
  • Labor availability
  • Government inspections and approvals
  • Mitigation efforts

The project schedule should be compared with daily reports, meeting minutes, correspondence and actual progress.

One delayed activity may not have affected the final completion date if it was not on the critical path. Conversely, a short delay to a critical activity may affect several later trades.

A scheduling expert may be needed to analyze sequencing, responsibility and the effect of events on project completion.

Liquidated Damages and Delay Damages

A contract may provide liquidated damages for late completion or another specified event.

The enforceability and application of such a clause depend on governing law, contract language and circumstances.

The parties may dispute whether:

  • The clause applies to the delay
  • The required completion milestone was achieved
  • Extensions were granted
  • The owner contributed to the delay
  • The stated amount is enforceable
  • The calculation includes overlapping damages

A contractor may also seek extended overhead, additional labor costs, equipment expenses or other delay-related damages.

Each category should be supported by project and financial records rather than a generalized estimate.

Change Orders and Additional Work

Changes are common during construction, but they frequently create disputes over authorization, price and schedule impact.

A change may result from:

  • Owner requests
  • Design revisions
  • Unforeseen site conditions
  • Code or inspection requirements
  • Coordination conflicts
  • Material substitutions
  • Correction of earlier work
  • Acceleration or resequencing

The contract may require a written change order before additional work begins. The contractor may argue that immediate performance was directed or necessary and that written approval was delayed. The owner may respond that no authorized person approved the additional cost.

Relevant evidence may include:

  • Written change orders
  • Field directives
  • Emails and messages
  • Meeting minutes
  • Daily reports
  • Revised drawings
  • Cost proposals
  • Time-and-material records
  • Payment applications
  • Evidence of acceptance of the completed work

The parties should also determine whether the change affected only cost or also extended the schedule.

Differing Site Conditions

A contractor may claim that actual site conditions differed materially from the information provided or from conditions that reasonably could have been anticipated.

Examples may concern subsurface conditions, utilities, existing structures, contamination or access limitations.

Responsibility may depend on site information, disclaimers, inspection requirements, contractual risk allocation and the timing of notice.

Work performed before notice or documentation can make the claim more difficult to evaluate. Photographs, testing, reports and communications created when the condition was discovered may therefore be critical.

Payment and Non-Payment Disputes

Payment disputes may involve owners, developers, general contractors, subcontractors, suppliers, lenders and sureties.

A party may claim that payment is due for completed work, materials, retainage, approved changes or delay-related costs. The opposing party may assert defective performance, incomplete work, missing documentation or contractual setoffs.

The dispute may require examination of:

  • Payment applications
  • Invoices
  • Schedule of values
  • Supporting receipts
  • Inspection or approval records
  • Lien waivers
  • Retainage
  • Back charges
  • Change orders
  • Completion and closeout documents
  • Payment conditions in the contract

A party should determine whether payment is conditioned on certification, owner payment or another event, and whether the relevant provision is enforceable under applicable law.

Lien, bond and prompt-payment rights may involve strict notice and filing deadlines that vary by jurisdiction.

Retainage and Closeout Disputes

Retainage is commonly withheld until specified work or project closeout is completed.

A dispute may concern whether the project reached substantial or final completion, whether punch-list work remains and whether the required closeout documents were delivered.

Closeout may require:

  • Warranties
  • As-built drawings
  • Operation and maintenance manuals
  • Testing and commissioning records
  • Final lien waivers
  • Government approvals
  • Training or turnover materials

An owner may not be entitled to withhold an amount unrelated to remaining work, while a contractor may not be entitled to final payment before satisfying contractual closeout conditions.

Subcontractor Disputes

Subcontractor disputes may involve scope, payment, delay, defective work, coordination and termination.

A subcontractor may claim that the general contractor failed to provide access, information, coordination or timely payment. The general contractor may allege that the subcontractor failed to provide sufficient labor, meet the schedule or perform acceptable work.

The dispute should be evaluated under both the subcontract and relevant provisions incorporated from the prime contract.

Important questions may include:

  • What work was included in the subcontract price?
  • Were additional tasks directed?
  • Did the subcontractor receive updated drawings?
  • Who caused the delay?
  • Were deficiency notices provided?
  • Was an opportunity to cure given?
  • Were back charges documented?
  • Did another trade interfere with or damage the work?
  • Were termination procedures followed?

A general contractor should not assume that every owner claim can automatically be passed to a subcontractor. The contractual allocation and actual cause must be established.

Termination and Suspension of Work

A construction contract may permit termination for cause, termination for convenience or suspension under specified conditions.

Termination can create disputes concerning notice, cure periods, completed work, stored materials, transition costs and use of the terminated contractor’s equipment or documents.

A party considering termination should review the contractual procedure before acting. An invalid termination for cause may itself become a material breach.

After termination, the parties should document project status, work completed, remaining materials, site access and the cost of completing the project with another contractor.

Construction Warranties

Construction warranties may arise from the written contract, product warranties or applicable law.

A warranty may address:

  • Quality of workmanship
  • Conformity with plans and specifications
  • Materials and equipment
  • Correction of defective work
  • Duration of warranty obligations
  • Notice and claim procedures
  • Exclusions and limitations

The expiration of a stated warranty period does not always answer every possible claim. A party may assert contractual, statutory, negligence or other theories subject to the law and limitation periods that apply.

At the same time, a warranty should not be interpreted as unlimited responsibility for every condition discovered after completion.

The defense should determine:

  • Which party issued the warranty
  • What work or product it covers
  • When the warranty period began
  • Whether proper notice was given
  • Whether the condition falls within an exclusion
  • Whether another person altered or failed to maintain the work
  • Whether a repair was offered or refused

Manufacturer warranties may also impose specific installation, maintenance and notice requirements.

Insurance and Indemnity Issues

A construction dispute may trigger contractual-indemnity provisions or insurance claims.

The parties may dispute which entity agreed to defend or indemnify another, whether the claimed loss falls within the agreement and whether notice was provided properly.

Insurance issues may involve commercial general liability, builder’s risk, professional liability or other project-specific coverage.

Coverage questions are separate from ultimate liability for the construction claim. An insurer may dispute coverage even when a party denies responsibility for the underlying condition.

Policy language, endorsements, exclusions, tender letters and reservation-of-rights communications should be reviewed carefully.

Expert Evidence

Expert evidence is often central to construction litigation.

Depending on the dispute, the parties may use:

  • Architects
  • Engineers
  • Construction managers
  • Scheduling experts
  • Cost estimators
  • Appraisers
  • Forensic accountants
  • Building-envelope specialists
  • Materials-testing professionals
  • Industry-standard specialists

An expert may address standard of care, causation, code compliance, repair scope, scheduling, valuation or damages.

The opinion should identify the evidence reviewed, assumptions used, testing performed and method applied.

Federal Rule of Evidence 702 requires the party presenting expert testimony to establish that the specialized knowledge will assist the factfinder, that the opinion is supported by sufficient facts or data and that reliable methods were applied reliably to the case.

An expert should not simply repeat the client’s allegations in technical language. The opinion must remain connected to the actual project records and physical evidence.

Inspection and Destructive Testing

Inspection of the property may be necessary to evaluate a defect or damage claim.

Testing may be non-destructive or may require opening walls, removing materials or taking samples.

Before destructive testing, the parties may need to agree on:

  • Advance notice
  • Location and extent of openings
  • Attendance of experts
  • Photography and video
  • Sample identification and storage
  • Responsibility for temporary protection and repair
  • Preservation of removed materials

Unilateral destructive testing can create disputes about spoliation, methodology and whether another party had a fair opportunity to inspect the original condition.

Federal civil procedure permits requests to inspect land or property within the scope of Rule 34 when the rule’s requirements are satisfied.

Discovery

Construction litigation often produces a large volume of documents and electronic information.

Discovery may include:

  • Contracts and subcontracts
  • Drawings and revisions
  • Requests for information
  • Submittals
  • Change orders
  • Schedules and updates
  • Daily reports
  • Inspection records
  • Photographs and videos
  • Emails and messages
  • Accounting data
  • Invoices and payment records
  • Expert reports
  • Insurance communications

In federal court, Rule 26 generally limits discovery to nonprivileged matters relevant to the parties’ claims or defenses and proportional to the needs of the case.

Electronic discovery may include project-management platforms, cloud storage, mobile devices and document metadata.

Government approvals and inspection files may also be requested from agencies, subject to applicable procedures.

Depositions

Depositions may be taken from owners, project managers, contractors, subcontractors, architects, engineers, inspectors and experts.

A deposition can clarify responsibility, test the witness’s account and establish what the witness knew at important stages of the project.

Preparation should include review of the project chronology and documents associated with the witness.

The witness should answer accurately and should not speculate about technical issues outside the witness’s knowledge.

Emergency Relief and Project Injunctions

Some disputes may require immediate court intervention.

A party may request emergency relief to prevent:

  • Destruction or alteration of evidence
  • Removal of disputed materials
  • Unauthorized access to the site
  • Transfer of project funds
  • Termination of a critical agreement
  • Continuing work alleged to create serious damage
  • Conduct that interferes with ownership or project control

An injunction is not appropriate merely because a dispute is expensive or urgent from a business perspective. The requesting party must satisfy the legal standard applicable in the court.

In federal court, Rule 65 governs temporary restraining orders and preliminary injunctions. A preliminary injunction generally requires notice, while a temporary restraining order without notice is subject to additional procedural conditions.

The requested order should be specific and should not unnecessarily stop lawful construction or business activity beyond what is needed to preserve the disputed rights.

Damages in Construction Litigation

Construction damages may include:

  • Cost of repair
  • Cost of completion
  • Diminution in property value
  • Unpaid contract amounts
  • Retainage
  • Extended overhead
  • Delay costs
  • Lost rental income
  • Lost profits
  • Additional financing costs
  • Professional and testing expenses
  • Consequential damages where recoverable
  • Interest and attorney’s fees where authorized

The proper measure of damages depends on the claim, contract and governing law.

Repair estimates should distinguish necessary corrective work from upgrades or unrelated improvements.

Delay and lost-profit claims should be supported by reliable project and financial records. A projected figure may be challenged if it ignores market conditions, other causes of delay or expenses that would have been incurred in any event.

The defense should also examine mitigation, insurance proceeds, payments already received and potential double counting.

Pretrial Motions and Summary Judgment

Pretrial motions may narrow the case, address discovery disputes and determine what evidence can be presented at trial.

Depending on the facts, a party may seek rulings concerning:

  • Contract interpretation
  • Notice and claim requirements
  • Limitation-of-liability provisions
  • Indemnification
  • Admissibility of expert opinions
  • Preservation or loss of evidence
  • Discovery obligations
  • Particular categories of damages

After discovery, a party may seek summary judgment on a claim or defense.

Under Federal Rule of Civil Procedure 56, summary judgment may be granted when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

Some construction issues can be resolved from contracts and undisputed records. Others depend on conflicting testimony, technical opinions or disputed causation and therefore require trial.

Negotiation, Mediation and Arbitration

Construction disputes do not always need to continue through trial.

Negotiation may result in:

  • Payment of an agreed amount
  • Completion of remaining work
  • A repair plan
  • Release of retainage
  • Revised project schedules
  • Allocation of responsibility
  • Termination or assignment of a contract
  • Resolution of lien or bond claims

Mediation allows the parties to evaluate legal and technical issues with the assistance of a neutral professional.

Construction contracts frequently contain arbitration provisions. The agreement may specify the forum, procedures, governing law, location and number of arbitrators.

Arbitration should not be assumed merely because the underlying dispute concerns construction. The relevant contract must create the obligation.

Settlement negotiations should be supported by continued preparation for motions, arbitration or trial. A party cannot accurately evaluate a proposal without understanding the evidence and potential damages.

Trial Preparation

Construction trial preparation requires turning a complicated project record into a clear chronology.

The case may involve thousands of drawings, messages, reports and financial entries. The judge or jury must be able to understand:

  • What each party agreed to do
  • What work was performed
  • What changed during the project
  • Who controlled the relevant decisions
  • What caused the alleged defect or delay
  • How the claimed damages were calculated

Preparation may include:

  • Organizing the project timeline
  • Selecting key drawings and photographs
  • Preparing project personnel
  • Reviewing deposition testimony
  • Working with experts
  • Creating demonstrative exhibits
  • Preparing evidentiary objections
  • Testing damages calculations
  • Developing examination and cross-examination plans

Witnesses should be prepared to testify accurately from their own knowledge rather than memorize a common project narrative.

Construction Trial Representation

A construction dispute may be tried before a judge, jury or arbitration panel, depending on the agreement and claims.

The proceeding may include fact witnesses, technical experts, project records, photographs, schedules and financial evidence.

Trial counsel must connect technical material with the legal elements of the claim or defense.

A defect photograph may show damage without proving who caused it. A delayed schedule may show late completion without establishing responsibility. A large repair estimate may not establish that every proposed item is legally recoverable.

The final presentation should distinguish documented facts from assumptions and place each category of evidence in the complete project context.

International Construction Litigation

International developers, investors and contractors may participate in U.S. construction projects through foreign and domestic entities.

A dispute may involve:

  • Overseas investors
  • Foreign parent companies
  • International wire transfers
  • Translated contracts
  • Materials sourced abroad
  • Foreign witnesses
  • Parallel proceedings
  • Enforcement of arbitration awards or judgments
  • Cross-border ownership structures

Documents should be reviewed in their original legal and commercial context. Literal translation may not accurately reflect the meaning of a project, corporate or financial term.

International clients may also need coordination between U.S. litigation counsel and lawyers, accountants or specialists in another country.

Bukh Law Firm Construction Litigation Services

Representation may include:

  • Early evaluation of construction disputes
  • Construction contract claims
  • Construction defect litigation
  • Design and workmanship disputes
  • Project delay and scheduling claims
  • Change-order disputes
  • Differing-site-condition claims
  • Payment, retainage and non-payment matters
  • Contractor and subcontractor disputes
  • Termination and suspension disputes
  • Warranty claims
  • Insurance and indemnity issues
  • Emergency injunction applications
  • Evidence preservation and property inspections
  • Document and electronic discovery
  • Depositions and third-party subpoenas
  • Coordination with construction, engineering, scheduling and financial experts
  • Pretrial and summary judgment motions
  • Negotiation, mediation and arbitration
  • Trial preparation and representation
  • Representation of international construction clients

The work required depends on the project, contracts, evidence, court or arbitration forum and commercial goals of the client.

What to Do When a Construction Dispute Begins

Preserve contracts, plans, project messages, payment records, photographs, schedules and earlier versions of relevant documents.

Do not repair, remove or destroy disputed work without documenting the condition and considering whether other parties should receive an opportunity to inspect.

Review contractual notice, cure, change-order, lien, bond, mediation and arbitration provisions immediately. Construction claims may involve short deadlines.

Identify ongoing risks to the project, property and evidence. The possibility of an emergency inspection or court application should be evaluated before the condition changes.

Avoid informal admissions concerning responsibility or repair costs before the evidence, contracts and expert findings have been reviewed.

Arkady Bukh Law Firm represents developers, contractors, owners and investors in construction disputes involving contracts, defects, delays, payments and substantial commercial interests.

Construction Litigation FAQ

Is Arkady Bukh a construction litigation attorney?

Arkady Bukh Law Firm represents developers, contractors, owners, investors and other participants in construction-related disputes.

Does the firm handle construction defect claims?

Yes. Construction defect disputes may involve design, workmanship, materials, water intrusion, structural components and building systems.

What does a construction defect attorney review?

The review may include contracts, plans, specifications, inspection records, photographs, testing, expert findings and the history of repairs or alterations.

Does visible damage prove that the contractor is responsible?

No. The damage may involve design, installation, materials, maintenance, later work or several contributing causes.

Should defective work be repaired immediately?

Necessary safety or mitigation work may need to proceed, but the existing condition should be documented and evidence preserved whenever circumstances permit.

Can experts inspect the property?

Yes. Construction disputes frequently involve inspections and expert analysis. Destructive testing should be planned carefully and may require notice to other parties.

Does the firm handle delay claims?

Yes. Delay disputes may concern project schedules, extensions, critical-path events, concurrent delays, acceleration and additional costs.

What is a change-order dispute?

It is a disagreement about whether additional or revised work was authorized, what it should cost and whether it extended the schedule.

Can a contractor recover payment without a signed change order?

Possibly, depending on the contract, communications, conduct and applicable law. The absence of a signed change order can create a significant dispute but does not answer every case automatically.

Does the firm handle non-payment matters?

Yes. Payment disputes may concern completed work, retainage, change orders, invoices, back charges, liens and payment security.

What is retainage?

Retainage is an amount withheld from progress payments until specified completion or closeout requirements are satisfied.

Can a general contractor pass an owner’s claim to a subcontractor?

Not automatically. The contract and evidence must connect the subcontractor’s work with the claimed defect, delay or damage.

What construction warranties may apply?

Written contract warranties, product warranties and other obligations recognized by applicable law may apply. Their scope and duration vary.

Can a construction case include insurance issues?

Yes. The parties may dispute defense, indemnity and coverage under general liability, builder’s risk, professional liability or other policies.

What is discovery?

Discovery is the process of obtaining relevant project documents, electronic information and testimony before trial.

Why are expert witnesses important?

Construction cases frequently involve technical questions concerning design, workmanship, scheduling, repair scope, causation and damages.

Does every construction dispute go to trial?

No. Matters may be resolved through negotiation, mediation, arbitration, dismissal, summary judgment or trial.

Does the firm represent international clients?

Yes. The firm represents international clients involved in construction and development disputes in the United States.