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What rights do commercial property owners have after a construction problem?

On Behalf of | Nov 16, 2020 | Construction Law, Dispute Resolution |

When your business is having a new property built, it’s an exciting time. Perhaps, your business has grown and now needs a much larger space. Or you are excited to see how the property’s location and amenities will attract more customers.

However, sometimes, construction projects don’t go as planned. Your contractor may face supply delays, or you may discover a subcontractor did shoddy work to prevent a leaking roof after your company has moved in. How can you get these problems resolved? What are your rights in this situation?

Breach of contract

First, you’ll need to evaluate if a contractor or subcontractor breached the contract you both agreed to before construction began. You’ll need to review if you included a provision as to how a project delay would impact your payments. Or if a contractor now has abandoned the project, if the scope of work you agreed to is not complete. If your company can’t resolve the construction dispute with the contractor, you need to review how you agreed to handle contract disputes. Was it by seeking mediation or arbitration?

Construction defects

You may discover construction defects after your company has occupied the building. These could be the result of a materials failure or if a contractor or subcontractor didn’t install materials correctly or did shoddy work.

If the problem was a defective product, your company will have to contact the manufacturer. If you can’t resolve getting compensation for the defective materials and new installation, you may have to file a lawsuit.

When it comes to shoddy work by a contractor, you’ll need to see if your contractor will fix the troubled areas. Or again, you may need to seek help resolving a construction dispute over a construction defect.

When your company can’t resolve a construction problem with a contractor, subcontractor or manufacturer, you should consult an attorney familiar with construction law. You want to ensure you protect your investment in your property and get your construction problem solved.