Construction Law: Construction Disputes and Litigation

Disputes are a part of almost every construction, infrastructure and capital improvements project. Project owners face important schedule deadlines and budget constraints from investors, lenders and governmental authorities, such as utility commissions and environmental agencies. On the other hand, contractors' bids are based on several important assumptions, including complete and accurate design documents, labor availability, historical labor productivity rates, site conditions, site access, and weather. In addition, competition for work often forces contractors to reduce their profit margins to minimal levels. As a result, time and money are at a substantial premium for both owners and contractors, and neither party can tolerate any real changes in the planned schedule or scope of work without being compensated.

Unfortunately, delays are unavoidable, factors like labor availability and productivity, site conditions and weather are unpredictable, and design documents are rarely perfect. Determining responsibility for delays, changes and other problems in the context of a large, complex construction project can be extremely difficult for even the most experienced owners and contractors. In addition, the resolution of disputes is often postponed until after project completion - as parties often focus all of their available resources on completing the work, while others believe that they will simply "horse-trade" competing claims when the project is completed. By the end of a project, however, owners and contractors generally grow more entrenched in their respective positions, and the key personnel who have the necessary background and project knowledge have often moved on to other projects or employers. All of this makes the amicable resolution of construction disputes extremely difficult.

In situations where arbitration and litigation cannot be avoided, the attorneys at Glassberg & Doganiero have a wide range of experience in mediating, arbitrating, and litigating all types of construction disputes to a full and final resolution. For a summary of Glassberg & Doganiero's construction mediation, arbitration and litigation experience, please click on the profile for Attorney Doganiero.