Practice 02
Contractor Disputes
When a construction project breaks down, owners and contractors may have very different accounts of what went wrong. Resolving the dispute starts with connecting the agreed scope of work to the work performed, the payments made, and the concerns left unresolved.
A considered approach
Understanding the dispute.
Evaluating the way forward.
An unpaid balance may involve more than an overdue invoice. Changes to the project, disputed approvals, incomplete work, and questions about quality can all affect the parties' positions. Reviewing the contract, change orders, payment applications, and project communications helps clarify which obligations are disputed and why.
Defect and delay claims need a reliable factual record. Photographs, inspection reports, schedules, and communications about access or corrective work can help explain what happened on site. Where technical questions are central, an appropriate expert assessment may be needed to distinguish an alleged defect from a disagreement about expectations or responsibility.
Depending on the contract and circumstances, resolution may be pursued through direct negotiation, mediation, arbitration, or court proceedings. Payment disputes may also raise questions about lien or bond rights. These options have specific requirements, so legal review should come before assuming that withholding payment, stopping work, or asserting a lien is an available or appropriate response.
Issues we can discuss
- Unpaid invoices and disputed progress payments
- Scope changes and contested change orders
- Alleged defects and incomplete work
- Project delays and responsibility for added costs
- Contract termination and corrective work disputes
- Questions about construction liens and payment bonds
Preparing for a conversation
A clear account of your situation helps make your first conversation useful. Keep relevant documents secure and bring them to your consultation rather than sending confidential material through an initial inquiry.
- Collect the contract, plans, specifications, and approved change orders.
- Organize invoices, payment records, and requests for additional work.
- Preserve dated photographs, inspection reports, and project communications.
- Bring any demand letters, lien documents, bond information, or court papers.