Construction Litigation Attorney

Construction law encompasses a wide array of legal issues that may arise during or after the construction process. Disputes caused by construction projects can be complicated and difficult for both parties involved. Mike Ogborn and the team of construction dispute lawyers at OMQ possess the experience and expertise of construction defect claims to represent contractors, subcontractors, material suppliers, associations, and individuals in the construction industry with confidence and compassion. If you are in need of a construction litigation lawyer in Sioux Falls, do not hesitate to reach out to our team to discuss your case. 

Common Reasons for Construction Disputes

Over the course of a construction project, there are many issues that may arise either during or after the project that could lead to a dispute. Some of the most common issues that arise in construction litigation include:

• Contract Disputes: A contract dispute may occur when there is a disagreement over the terms of the contract. This could include a breach of contract, failure to meet agreed upon deadlines, and disagreements about the execution or scope of the project. 
• Construction Defects: A client may claim to have issues with the craftsmanship of the work, stating that there are problems with the design or materials used in the project. This may also include complaints about improper installation, structural issues, and more. Construction disputes are common in real estate transactions.
• Delays: Disputes often arise over project deadlines and timelines during construction projects. Some delays may be legitimate if they are caused by adverse weather, labor shortages, or changes to the contract mid-project. 
• Payment Issues: Contractors and material suppliers often face payment issues, whether it be underpayment, late payment, or failure to pay altogether. A mechanic’s lien is typically used as a way to secure payment for unpaid parties in the event of a liquidation. A mechanic’s lien guarantees payment to contractors, construction companies, and other builders involved in the construction project. 
• Scope of Work Disputes: Disagreements over what work was agreed upon and what work was supposed to be completed often cause disputes. Change orders in the middle of a project are often a common cause for these disputes. 
• Environmental Issues: After a construction project, claims over health concerns may be filed due to mold, asbestos, and other harmful agents.

As mentioned above, contractors and suppliers may use a mechanic’s lien against the property in the event the client does not pay for work or materials. In some cases, these liens can result in the sale of the property in order to pay off any debts. If you are involved in a construction dispute and are in need of an experienced construction litigation lawyer, OMQ is available to discuss your case and provide an evaluation. Our team of construction dispute lawyers has the knowledge and expertise required to take on your construction case. 

Contract Drafting and Negotiation

A contract serves as a foundational document that lays out the specifics of the agreed upon work in a construction project. It is intended to act as a legal agreement that ensures proper execution of the project and aims to avoid potential disputes. A detailed contract will help effectively manage any complications that arise either during the construction project or once it has been completed. 

The construction dispute lawyers at OMQ have the ability to help carefully craft construction contracts relevant to your project. We provide personalized assistance in creating tailored contracts for each project. If you have any contract-related questions or needs for your construction project, the construction litigation lawyers at OMQ Legal are prepared to discuss your needs and see how we can be of service. 

How Do Insurance Companies Come Into Play?

In the event that a construction project ends in a dispute or litigation, insurance companies often play a large part in defending claims. An insurance company will typically conduct an investigation to determine the validity of the claim and assess the damage. An insurance company may even cover legal fees and expenses for policyholders who are facing disputes. Insurance companies may be able to offer a quicker resolution by negotiating settlements out of court. 

Insurance companies often provide both experience and a financial backing that is invaluable to policyholders when it comes to construction litigation. Their access to attorneys and investigators proves helpful in securing favorable outcomes.

Trends in Construction Litigation

Most construction litigation disputes stem from contract breaches, construction defects, and delays. Most of these cases are settled out of court through Alternative Dispute Resolution (ADR) methods involving mediation and arbitration. The cost of construction litigation often includes substantial legal fees and potential damages, which is why mediation is preferred over traditional litigation in these matters. A skilled construction dispute lawyer will be able to assist in ensuring that contractors, subcontractors, and suppliers are fairly compensated for their work. Do not hesitate to contact OMQ if you are facing any construction disputes. 

Tips to Avoid Construction Disputes

Familiarizing yourself with some of the common pitfalls of construction litigation can help you avoid issues and disputes in the future. Here are some tips that may help maintain clear communication and avoid any potential issues:

• Drafting Clear and Detailed Contracts: Clearly defining the scope of the project, establishing deadlines, and agreeing upon payment terms upfront may help avoid potential disputes. 
• Proper Documentation: Keeping a record of all duties performed in the project, any changes or updates to the project, and any communications with the client can be crucial when it comes to resolving construction disputes. 
• Maintaining Clear Communication: Constantly keeping an open dialogue with the client and all parties involved can help address issues or miscommunications early on, preventing any disputes down the line. 
• Hiring Professionals: Making sure that you have a team of qualified professionals, including all contractors and subcontractors, will reduce any potential risk of a dispute later on.
• Adhere to Regulations: Staying up-to-date and complying with all relevant regulations and guidelines can protect workers from construction disputes during or after the project. 

OMQ has a team of experienced construction dispute lawyers who will be able to provide assistance in steps like drafting contracts, enforcing mechanics liens, negotiating disputes, and managing claims related to design defects, environmental issues, and scope of work. Contact us today to discuss your case with one of our construction litigation lawyers. 

An Increase in Construction Disputes

South Dakota’s construction industry has seen a 15% rise in construction-related disputes over the last year. Alternative Dispute Resolution (ADR) helped solve approximately 60% of construction disputes in 2023 by providing a quicker, more cost-effective alternative to court. 

South Dakota’s construction industry generates billions of dollars in revenue each year and employs over 25,000 individuals. Despite a labor shortage, there has still been an increase in construction projects in the state and with skilled labor in high demand, construction disputes continue to rise.

Law firms like OMQ specializing in construction litigation in South Dakota are able to assist in drafting contracts, litigating construction claims, and handling mechanics' liens. Our firm represents a wide range of clients from general contractors to material suppliers. If you are facing a contract dispute and are in need of a skilled construction litigation lawyer, contact OMQ today. 

How Can OMQ Help In Your Construction Litigation Case?

Construction disputes are complicated matters that often require the assistance of a construction litigation lawyer. OMQ and our construction dispute lawyers have years of experience providing legal support to construction clients throughout every step of the process - from drafting contracts to offering representation in court. The construction litigation group is led by Senior Lawyer Mike Ogborn, who understands the challenges that construction disputes present. Our firm has years of experience successfully defending clients in these cases and may be able to provide invaluable legal support in your case. If you are facing a construction dispute, contact our team of construction litigation attorneys at OMQ today. Call today to discuss your case and see why OMQ is a team you can trust to handle your case.

Frequently Asked Questions

Additional Information in Sioux Falls, South Dakota

• A Guide to Construction Laws: The South Dakota Contractor's Blue Book is an essential guide for understanding state construction laws and regulations. It covers vital topics such as licensing requirements, building permits, insurance, bonding, and tax obligations for contractors. This comprehensive document ensures contractors comply with South Dakota's legal standards, promoting smooth and lawful construction operations.
• OSHA Construction Industry Regulations and Standards: The Occupational Safety and Health Administration (OSHA) provides comprehensive guidelines and regulations to ensure the safety and health of workers in the construction industry. These standards cover various aspects such as fall protection, scaffolding, trenching, and electrical safety.
• South Dakota Codified Laws - Public Contracts: The South Dakota Codified Laws, Chapter 5-18B, governs the legal framework for public construction contracts in the state. This chapter details regulations on the bidding process, contractor qualifications, and contract execution to ensure transparency and compliance with state standards. It is essential for contractors, subcontractors, and legal professionals involved in public construction projects to understand these laws to navigate the legal landscape effectively.