Successful commercial construction projects require near-constant communication and an equally significant amount of documentation. Included in the piles of documentation for each client’s project should be a well-constructed contract (after all, the best defense is a good offense when it comes to construction law).
Additionally, you should have a project plan log, all requisite permitting paperwork, as well as architectural plans and drawings and any other project-related documentation.
Why? Because when a dispute arises, there will be a lot of finger-pointing. You want to be sure you have a clear place to point your finger by staying up to date with all of your paperwork.
Building Your Case
A common dispute in construction law is failure to adhere to plans and specifications. Drill down even deeper, and you’ll find that what’s really at issue here is often money. A client may make all kinds of claims if their profits are down or they can’t make a sale. Claiming that their GC failed to adhere to plans and specifications is one such area they may try to make headwinds.
Protect your interests by first ensuring that you have iron-clad contracts in place, and second, by partnering with an experienced South Florida construction litigation attorney. Here are a few other things you should do to build your case against a construction accusation.
● Understand the allegations - Begin by thoroughly reviewing the construction contract and any related documentation, including plans, specifications, change orders and communication records. Familiarize yourself with the agreed-upon scope of work and the specific details outlined in the plans and specifications. Then, carefully consider the client's claims and allegations. It is crucial to distinguish between valid claims and mere differences in interpretation or changes requested by the client during the course of the project.
● Conduct an internal investigation - Initiate an internal investigation to gather evidence and information related to the alleged non-adherence. Review project records, construction progress reports, meeting minutes and any other relevant documentation. This process will help you identify any potential discrepancies and determine the facts surrounding the situation.
● Contact a construction law attorney - It’s also wise to engage an attorney. Often construction disputes can be resolved through mediation or arbitration rather than litigation. A skilled attorney can help you pursue the best outcome for your situation.
When a client claims you failed to adhere to plans and specifications, it is essential to handle the situation promptly and professionally. Our team at Quintana Law, PA is here to help. Contact us today to learn more about how we represent general contractors throughout the tri-county area, from Miami to Palm Beach, and see what we can do to help you.