Construction law involves legal conflicts related to building construction, and one of the most common types of claim is breach of contract.
Breach of contract is a legal term that refers to any violation of an agreement or contract between two or more parties. There are many reasons that a contract is breached, and not all of them are legally actionable.
Let’s take a look at the most common reasons that breaches of contract occur in construction.
Common Reasons For Breach of Contract In Construction Law
Some of the most common reasons that you would file a breach of contract claim under construction law include:
Completion Delay – If a building contractor failed to meet the specific construction milestones in a contract, you can file a claim for that delay. And you can also withhold payment to that contractor based on the delay. Remember also that a delay in completing a structure could also force the contractor to pay for damages related to any events that were scheduled to be held in the building, but were postponed or cancelled due to the fact that construction was not completed.
Defective Workmanship – Defective workmanship refers to any construction work on a building that fails to meet building and coding standards. This also means that the workmanship violated the terms of the building contract, which in nearly every case requires workmanship at acceptable building standards. A contractor can prevent this claim by making repairs to the defective workmanship, but if the quality is still lacking, the case will go to court.
Failure To Perform – Another type of breach of contract in construction law is known as failure to perform. This means that the contractor failed to comply with the contract or agreement. For example, if you signed an agreement with a contractor that included pillars be built on one section of the building, and the contractor did not make those pillars, it would constitute a failure to perform the services that were contracted.
Types of Damages In a Breach of Contract Construction Claim
When you file a breach of contract construction claim, you may be entitled to several types of damages, including:
Consequential – Damages paid to restore you to your financial position prior to the breach.
Liquidated – Damage amount that is included in an agreement that is payable if either party breaches the contract.
Punitive – Damages paid as punishment for the breach of contract
The Value of a Business Lawyer
If you own a small company, a business lawyer can be an invaluable part of your team. This is especially true as it relates to contracts with vendors and other businesses, because it is common for problems to arise, and when they do, you need an experienced business attorney to help you resolve your issue. Construction law can be complex and difficult to litigate, so why put your fate in the hands of a law firm that has no track record of success? You’re much better off hiring the attorneys at the Joubert Law Firm, who have spent decades honing their skills in business law. If you want to discuss your case, please call us today at 225-761-3822 for Baton Rouge Construction Law Attorneys a free legal consultation.