Construction projects in Washington, D.C. are costly and carry a number of inherent risks. Even small projects require coordination between subcontractors and vendors, and as projects become more complex, the risk of construction disputes increases. Whether you are the Plaintiff or the Defendant, a real estate or construction dispute put your business at risk. Contact an aggressive construction dispute attorney with courtroom experience from S.L. England, PLLC, to protect your business and your assets.
Types of Construction Disputes
The attorneys at S.L. England, PLLC, represent clients as Plaintiffs or Defendants in a variety of construction disputes, including, but not limited to:
- Mechanic's lien and payment bond claims
- Warranty claims
- Products liability claims involving construction-related products
- Claims for equitable adjustments
- Breach of contract
- Construction defect claims
- Construction delay claims
- Disputes regarding material quality or cost
- Errors in construction plans or the execution of construction plans
- Failure to complete a construction project
- Safety hazards
- Disposal of hazardous material
Litigation and Alternative Dispute Resolution
Depending on the nature of the construction dispute, the Plaintiff may pursue litigation or resolve the dispute through alternative dispute resolution (ADR).
Litigation begins when the Plaintiff files a Complaint and the court issues a Summons. The Plaintiff serves both of these on the Defendant, who then has 21 days to file a Response and any Counterclaims. Then, Discovery begins, and attorneys for both parties use Interrogatories, Depositions, and Requests for Production to gather information about the case. Settlement negotiations are ongoing during this time, and the parties may reach an agreement before the trial date. If the parties fail to reach an agreement, the case goes to trial. A judge or jury hears the case and makes their determination based on a "preponderance of evidence."
Alternative dispute resolution can be quicker and more cost-effective than litigation. This is an option for parties who do not want sensitive information made public during a trial. ADR takes place in an informal environment so both parties can participate in discussions which may preserve relationships. The three alternative dispute resolution options are mediation, arbitration, and a settlement conference. Mediation is facilitated by a neutral third-party and is non-binding. The parties find areas where they agree and communicate their demands to each other while the mediator offers creative solutions.
Arbitration is also facilitated by a neutral third party, but the third party determines the outcome of the dispute. Arbitration may be binding or non-binding. A settlement conference may be voluntary or mandated by the court. A neutral third party evaluates the evidence and encourages negotiations to settle the dispute before the trial date.
Do You Need a Construction Dispute Attorney in Washington, D.C.?
Whether you are the Plaintiff or the Defendant, a judgment against you in a construction dispute in Washington, D.C. can devastate your business or your personal finances. The skilled attorneys at S.L. England, PLLC, have the courtroom experience necessary to effectively present your case to the judge or jury and are skilled negotiators in the alternative dispute resolution process. If you need to file a construction dispute or if you have been served with a lawsuit, call us today at (202) 489-0720 or contact us online.