A dispute over a construction project can quickly lead to delays, cost overruns, and other negative consequences that can put your investment at risk. Whether you’re dealing with a contractor performing low-quality work or one who’s dragging out a project’s completion or overbilling for their services, you need someone who advocates for your interests and helps get the project back on track.
Bristlecone Law can help you resolve the dispute effectively to protect your finances and interests. We’re proud to serve clients throughout Deschutes, Crook, and Jefferson counties, including cities like Redmond, Prineville, and Madras. Give us a call today, and get the answers you need from a construction and contractor disputes lawyer in Bend, OR.
Common Types of Construction and Contractor Disputes
At Bristlecone Law, our experienced lawyers in Bend can help you resolve a range of construction project or contractor disputes, such as:
- Breaches of contract: Disputes may arise over alleged breaches of construction contracts, such as contractors’ failure to perform work in accordance with the written agreement, disagreements over the scope of work and whether requested services fall within that scope, and disputes arising from one party’s unilateral termination of a contract.
- Incomplete or defective work: Project owners and construction companies may dispute alleged incomplete or defective work, including structural defects, the use of substandard or nonconforming construction materials, building code violations, and contractual warranty claims.
- Payment and lien disputes: Disputes may also arise from issues involving payments or construction liens, including disagreements over completion of project milestones, withheld payments, retainage disputes, and purportedly wrongful lien filings.
- Construction delays and change order disputes: Legal claims can also arise in construction projects due to delays (including whether such delays fall within the scope of force majeure clauses) or unapproved change orders.
What Are Developer Contracts?
Developer contracts include agreements between a construction project developer and other parties involved in the project, including:
- Architects and engineers responsible for designing the buildings and structures for the project
- General contractors that oversee the subcontractors that work on specific aspects of the project, such as framing, roofing, electrical, plumbing, and HVAC work
- Investors or financial institutions that finance the project
- Municipal entities that work with developers on larger rehabilitation and redevelopment projects
Developer contracts may allocate financial and legal risks in property development projects, including design defects, construction defects, environmental issues, and project delays caused by permitting issues or supply chain disruptions. Contracts can allocate risk through provisions such as insurance or bond requirements, personal guarantees from company principals, or liquidated damages clauses that eliminate the need to calculate specific losses from contract breaches.
The most common kinds of disputes that may arise from developer contracts involve:
- Delays in meeting project deadlines or disagreements over whether contractors have completed specific milestones
- Alleged construction defects or use of substandard materials
- Cost overruns resulting from inadequate budgeting or project “scope creep”
- Disagreements over change orders
- Disputes over making loan payments or contractually guaranteed distributions to investors
The lawyers of Bristlecone Law can help you understand your rights or legal options under a developer contract when construction project or contractor disputes arise.
Contractor Fraud Cases
Disputes in construction projects can also arise due to contractor fraud. Common examples of fraudulent activity by contractors include:
- Misrepresenting licensing status, such as inaccurately claiming to have a valid license with the Oregon Construction Contractors Board
- Issuing inflated or falsified invoices
- Misusing project funds, such as using funds to purchase materials for other clients’ projects
- Billing for unperformed work
- Substituting inferior construction materials without approval
- Conducting kickback schemes with subcontractors and suppliers, which can inflate project costs for developers
Developers or project owners who become victims of contractor fraud may pursue various remedies, such as:
- Filing complaints with the OCCB
- Filing insurance or bond claims for losses resulting from a contractor’s fraudulent activity
- Pursuing legal action through alternative dispute resolution or litigation to seek financial compensation, rescission of contracts, or other relief
Dispute Resolution in Construction Disputes
Many construction contracts contain alternative dispute resolution clauses to facilitate an efficient resolution should disagreements arise between contractors and project owners—ideally, in some cases, to preserve the parties’ relationship and get a construction project back on track. Construction contracts may require various alternative dispute resolution methods, including:
- Pre-dispute notification procedures: Construction contracts may require a party to notify the other of a default under the agreement before pursuing formal alternative dispute resolution or litigation. Notice requirements can encourage parties to negotiate a settlement that provides a swift resolution to a disagreement before it escalates.
- Mediation: ADR clauses in construction contracts may require the parties to participate in mediation, where a neutral third party facilitates settlement negotiations by helping them understand the strengths and weaknesses of their respective cases and suggesting possible settlement terms.
- Arbitration: Many construction agreements include mandatory arbitration clauses to facilitate formal resolution of legal claims without the time and expense of court litigation. Arbitration services typically have specialized rules and experienced arbitrators who focus on construction claims.
In some cases, parties may have to pursue resolution of a construction dispute through litigation, especially if a party is seeking injunctive relief, such as pausing work on a construction project or freezing escrow funds. At Bristlecone Law, our business litigation attorneys can advise you and your company through all forms of dispute resolution for claims arising from construction projects in Bend, Redmond, Prineville, Madras, and throughout the region.
Why Choose Our Bend, OR Construction Dispute Attorney?
A construction project dispute can have significant financial consequences for you and your business, and you deserve to have the support and guidance of an experienced attorney dedicated to protecting your interests. Choose the law firm of Bristlecone Law as your Bend contract disputes lawyer because:
- We make integrity the foundation of our legal practice. Our clients know that every action we take on their behalf comes from our core values of honesty, transparency, and dedication. At our law firm, ethical legal representation forms the bedrock of our relationships with our clients and our practice.
- Our law firm has an in-depth knowledge of the business and legal communities in Deschutes, Crook, Jefferson, Marion, and Jackson Counties. We want to leverage this deep experience to get you the outcome you deserve.
- Our lawyers strive to “keep it real” for our clients. We want you to feel that it’s easy for you to talk to us and trust our law firm with your most pressing legal issues.
Contact Our Law Firm Today for Experienced Advice and Advocacy
Have you found yourself in a contractor or construction dispute that’s putting your financial interests at risk? If so, get the experienced legal representation you need to protect your rights and seek a positive resolution to the matter. Contact Bristlecone Law today for a confidential consultation with a construction/contractor dispute attorney in Bend, OR. Let’s discuss the details of your case and how our law firm can support you in a legal conflict with a contractor or construction company.
