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Civil Litigation

Construction Disputes

Generally, most construction disputes boil down to contract disputes, such as, disputes over insurance agreements, or over late or defective performance. But, occasionally, unforeseen events, such as accidents, fraud, or bankruptcy filings occur in a construction project that add complexity to the existing dispute.

 

One of the most common construction disputes is about failure to perform contractual obligations in a timely manner, such as obtaining permits, providing lien waivers and releases, retaining material suppliers and sub-contractors, and delivering the work within the agreed time frame. Also, construction disputes may involve defective or sub-standard work that does not comply with the codes or agreed plans or specifications for the project. Another common issue encountered in construction disputes is the failure of owners or contractors to pay their contractors, sub-contractors, and material suppliers within a certain time of receiving payment for their work. Additionally, personality clashes between different personality types in job sites and corporate offices; poorly drafted contract provisions; or imposing additional work on parties without proper change orders make every dispute worse.

 

Our experience in construction disputes in particular, and in contract disputes in general; our legal knowledge; and our dedication to your cause, combined with our leveraging of the expertise of financial, forensic, and other specialists in our network of resources make us your most trusted ally in a construction dispute.

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Previous Successes
PreviousSuccesses

Randolf  Rodriguez d/b/a Zebra Construction Company v. Daniel Ortega et al.; 5:93-CV-114-C, In the United States District Court for the Northern District of Texas, Lubbock Division

Our clients, Daniel Ortega and others were sued by Zebra alleging non-payment on an Air Force base construction contract. The case was tried to a jury. The jury handed down a take-nothing verdict in favor of our clients, additionally denying the Plaintiff its request for attorney fees. Based on this verdict, the Court entered judgment in our client’s favor denying the Plaintiff all relief.

Dawson Custom Homes, L.P. v. Robert Kollman and Stacey Kollman, In the 72nd District Court of Lubbock County, Texas; Case No. 2013-509,560

Mr. Green defended homeowners who were being sued by the contractor who built their home for money due for work allegedly performed. Defense of the case focused primarily on documenting the deficiencies in the work and work that had not been either begun or completed. Much of the trial preparation consisted of working with the clients (a married couple), the contractors brought in to rectify prior mistake and complete the work. Because the house was beautifully designed by our clients and, with their exquisite attention, lovingly finished, much effort was required to reconcile the actual cost with the bid made by the Plaintiff. Ultimately, the case was settled before trial.