Business Litigation

Jacksonville Construction Litigation Lawyer

Contractor Representation

Contractors and subcontractors frequently find themselves in positions in which project owners refuse to pay for work performed or in which they are dragged into litigation because of deficient performance of other contractors or design professionals. Delays in obtaining change order approvals and payment approvals to change orders may be used to blame the contractor when, in actuality, delay in completion of the project is due to the actions of others. In other situations, delays may be caused by the discovery of pre-existing latent defects or unforeseeable acts of nature. In such cases, you will need the legal guidance of the Law Office of Shands M. Wulbern, P.A.

Additional changes to scope of work and specifications can increase the length of time for completion as well as costs. Contractors, however, are often caught in the middle when delays and additional costs are incurred and are blamed for circumstances out of their control. Contractors should be wary of legal ramifications and potential litigation if delays or significant change orders are needed for a project. In some situations, proactive measures may be necessary to ensure that a contractor's interests are adequately protected. Some of the proactive measures include construction liens, mechanics' liens, and default claims.

Architect / Engineer Representation

Architects and engineers are often brought into litigation due to their roles in creating the plans and specifications for a project. While the main dispute may be between the contractor and owner, the architect should be mindful of potential claims and litigation when such disputes arise. Even though defects in construction due to plans and specifications not being followed may occur, design professionals are often subjected to malpractice and design defect claims. As with contractors, architects may be blamed for delays due to significant changes in plans and specifications requiring additional time, work and permits. Nevertheless, early action can and should be undertaken to defend against potential claims.

Owner Representation

Construction defects can arise from a number of different sources and involve different scopes of work. One of the most problematic areas of Florida construction defects involves water intrusion. Other construction defects that can cause significant problems include structural and foundation defects, plumbing, HVAC, and electrical defects. There may be a number of defects involved, including overlap between different scopes of work, different contractors, and various subcontractors. Such construction deficiencies can significantly impact the overall quality and integrity of the main structure at issue.

Delays and increased costs of a project can also be a major source of contention in a construction project. Delays can be caused by:

  • Unnecessary change orders
  • Improper supervision of work
  • Inadequate numbers of laborers
  • Failed inspections
  • Improper sequencing of work

Such delays can significantly increase costs and inconvenience. Project owners, however, need to be cautious of how such issues are addressed. Decisions regarding contract termination or failure to act in a timely manner could impact future claims.

Legal Assistance from the Law Office of Shands M. Wulbern, P.A.

Whether you are a contractor, subcontractor, architect, engineer, or project owner, Attorney Shands M. Wulbern can provide experienced construction litigation services. If you are facing a construction litigation issue, do not hesitate to speak with a member of the firm at once. Contact Attorney Shands M. Wulbern for an immediate consultation and potential representation.