Edwards Construction Dispute Lawyers

Accomplished Colorado firm advises contractors, property owners and subcontractors

Construction in the Vail Valley never stops. Whether you’re a property owner, contractor or subcontractor, you have an interest in a building or repair project being completed properly. When a problem arises, you need prompt, sharp counsel from a Colorado attorney who is not just well versed in the applicable law but also highly familiar with local communities and courts. For several decades, Heckman & O’Connor P.C. has provided strong advice and advocacy to clients in Vail, Eagle, Gypsum, Avon, Minturn, Leadville and other communities. Our firm guides clients toward timely and favorable resolutions of construction-related disagreements. 

Common types of construction disputes

Various issues associated with a construction project can trigger a conflict that results in legal action. Construction law disputes arise from such allegations as:

• Breach of contract — Ambiguous language about exactly what work is to be done pursuant to construction contract could lead to a disagreement over performance. 
• Nonpayment — Contractors and subcontractors who believe they were not fully paid for a project that they completed might seek to impose a mechanic’s lien on the underlying property. 
• Defective work — Construction that requires repairs due to shoddy workmanship or substandard materials could lead to litigation. 
• Project delays — Depending on the length of a delay and the reason for failure to complete the job on time, property owners may be entitled to legal relief. 
• Disagreements over change orders — It’s not unusual for parties to a construction contract to realize midstream that the original specifications are not feasible or that they want the finished product to differ from the initial plan. However, working out how to revise terms to each side’s satisfaction can be quite difficult. 

Whether your construction dispute reflects one of these scenarios or another, our firm will develop a detailed strategy designed to secure the result you seek. 

Causes of construction disputes

Many disagreements between property owner, contractors and subcontractors can be traced to miscommunication. At the outset of a project, the parties might not take the time to clearly delineate each side’s rights and responsibilities, particularly if something unexpected happens prior to completion. There can also be problems when everyone does not fully grasp the permitting and licensing requirements associated with a construction job. Building and repair projects can be overwhelming for everyone involved, and without legal oversight from an experienced attorney, you might miss a small detail that leads to a big problem later. 

Legal methods for resolving construction disputes

Each construction dispute is unique and the specific circumstances of your situation will determine the path most likely to secure a favorable result. Our attorneys are highly skilled negotiators who often find creative ways to help clients and their adversaries reach consensus time-effectively and efficiently. In some cases, we bring in a mediator to bridge the gap between parties. This can work to lower everyone’s emotions in pursuit of a fair settlement. Cases involving alleged construction defects are governed by the state’s Construction Defect Action Reform Act (CDARA). This law is designed to promote settlements and speed up the resolution process. Some cases under CDARA are decided by arbitrators who were strong advocates for clients in arbitrations as well as litigation. 

The role of a construction lawyer in dispute resolution

An experienced construction law attorney can review the dispute in your case and provide a thorough, honest analysis of each side’s legal position. Our firm develops comprehensive strategies for our clients through detailed analysis of the relevant contract and a review of other information, potentially including physical evidence and witness accounts. We also offer insight on how the case might play out if it goes before an arbitrator or is decided in court. Our attorneys never overlook the cost and effort associated with various legal options. We explore various potential remedies, including restitution, rescission of the contract, liquidated damages or an order requiring the work to be completed as per the agreement. In any forum and for any type of construction dispute, we are strong advocates for our clients. 

Preventing construction disputes

Avoiding a legal dispute is usually even better than winning one, so we counsel construction professionals and property owners about ways to avert conflicts before they arise. We draft clear, authoritative contracts, ensure that parties come to a meeting of the minds and review applicable regulations before moving forward, all of which decreases the likelihood of litigation. A small investment in retaining a knowledgeable construction lawyer early on could save you time and money in the long run.

Contact an experienced Colorado attorney regarding a construction dispute

Heckman & O’Connor P.C. advocates on behalf of Colorado clients in a full range of construction disputes. Located in Edwards, our firm has served individuals and businesses throughout the Vail Valley for decades. Please call 970-926-5991 or contact us online for a consultation.