On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Real Estate on Feb 23, 2017.
As soon as initial plans have been drawn up — and well before construction begins — it’s important for all involved parties to pay close attention to potential “cracks” and “fault lines” in the ongoing negotiations that could lead to a significant dispute later on. Of course, not all disputes can be predicted. There is an basic level of uncertainty that accompanies all residential and commercial construction projects. Whatever your position relative to the construction project (contractor, developer, purchaser, etc.), it’s absolutely critical that you work with a skilled Delaware County real estate lawyer who will provide expert guidance and draft specific agreements to limit the potential of a lawsuit, even in the event that a dispute arises. Well in advance of construction, try to be mindful of disputes that commonly arise in both residential and commercial construction projects. By understanding the potential for dispute, you may be able to clarify issues beforehand and avoid costly litigation down the road. The following is a non-exhaustive list of common disputes that arise in both residential and commercial construction projects. Excessive Delay If your construction contract includes explicit deadlines for the completion of various project milestones (and makes clear that such deadlines are materially relevant to the satisfactory completion of the contract), then a significant delay that threatens the contractual bargain is very likely to lead to a legal dispute. Even without an explicit deadline, if a delay is particularly excessive, it may be linked to abandonment of the construction project altogether. […]