Construction Litigation: Collecting Amounts Due for Work on a Construction Project
When Written Demands for Payment Fail, you may need to see a Construction Litigation Attorney
Construction litigation is court proceedings that arise out of a construction project. A construction litigation case can by or between any of the players in the construction process including any of an owner, a contractors, a subcontractor, material supplier, or a laborer. This article focuses on construction litigation related to payment issues.
Construction Litigation can be brought for small dollar amounts up to the multi-million dollar cases. Simply put, laborers can bring actions in small claims court for amounts due for wages, and general contractors can institution lawsuits for unpaid amounts from owners for big dollar amounts. Construction Litigation also includes construction liens. The utilization of construction liens is what differentiates regular payment claims from claims that arise in the construction process.
A lien simply allows you to use the property you have worked on as collateral for payment. If you have no lien rights because perhaps you missed a timing requirement, you can always bring an action for breach of contract against any party you have a contract with or bring an action for unjust enrichment against a party who accepted the benefit of your work but who you do not have a direct contract with.
When a Construction Attorney sues on behalf of a contractor or subcontractor to collect amounts owed for their work on a construction project, the Construction Attorney has many tools. The Attorney can file an action for breach of contract, to foreclose a construction lien, and action for unjust enrichment and more.
As you can see the many options and complexities, even in simple payment disputes, makes construction litigation differen than other litigation types.