Contractor & Construction Disputes
How can we help?
A construction or repair project broke down. Work stopped, quality is disputed, or payment and lien threats now affect the property.
Common situations
- contractor took a deposit and work stalled
- unfinished or defective construction
- price increased without clear change order
- inspections failed
- final payment demanded before completion
- homeowner withheld payment due to quality concerns
- mechanic’s lien recorded or threatened
- project left partially usable or unusable
What happens next
Project documents and communications are reviewed first to determine responsibility and leverage.
How these disputes usually start
Construction disputes rarely begin as legal problems.
They begin as a project intended to improve a home or property. Work starts normally. Then something changes — progress slows, costs increase, or the quality becomes questionable.
Communication deteriorates. The contractor believes payment is wrongfully withheld. The owner believes the work is incomplete or defective.
At that point the issue is no longer the renovation.
It becomes a dispute about money, property condition, and legal responsibility.
These conflicts escalate quickly because both sides are already committed. The property is altered, funds have been spent, and neither side can easily walk away.
The real legal issue
Construction cases are not single-event contracts.
They are ongoing performance over time. Because of that, the dispute is rarely just “payment was not made.” Courts instead evaluate:
- scope of work
- quality of performance
- timing and delays
- change orders
- inspections
- partial completion
- who caused the breakdown
Both parties often have legitimate arguments. A homeowner stops payment due to poor work. A contractor stops work due to nonpayment. Each action triggers the next.
The legal question becomes whether the work satisfied the agreement and whether nonpayment or nonperformance was justified.
What I review first
Construction disputes are reconstruction problems. The project must be rebuilt on paper.
Initial review usually includes:
- written contract (if one exists)
- estimates and proposals
- change orders
- invoices and payment records
- inspection results
- photographs and videos
- communications between the parties
Many projects have incomplete agreements. In those cases, texts, emails, and progress photos often matter as much as the contract itself.
What legal action can accomplish
Legal action may result in:
- payment for completed work
- withholding payment for defective work
- cost of repair or completion
- damages caused by delay
- removal of a mechanic’s lien
- negotiated project completion terms
The goal is not choosing a winner.
It is allocating responsibility for what actually happened on the project.
Mechanic’s liens and why they matter
A mechanic’s lien is a legal claim recorded against property for unpaid work or materials.
Recording a lien does not prove the contractor is right.
However, it immediately affects the property.
A lien can:
- prevent sale
- block refinancing
- interfere with title
Owners often first discover the problem when a title company refuses to close a transaction. Contractors use liens to create payment leverage.
Once recorded, the dispute shifts from a payment disagreement to a property-rights problem. Resolution may involve negotiation, lien removal procedures, or litigation over quality and payment.
Ignoring a lien is risky even when the claim is disputed.
How resolution usually happens
Construction disputes generally follow this progression:
- Evaluation — determine what actually occurred
- Formal notice or response — define legal obligations
- Negotiation — many matters resolve here
- Litigation if necessary — court determines liability
- Enforcement — collection or lien resolution
A demand letter often clarifies expectations and consequences enough to produce settlement. Litigation becomes necessary when positions cannot be reconciled.
Timing and avoidable mistakes
Common errors that complicate construction cases:
- hiring a replacement contractor before documenting defects
- continuing payments without resolving scope disputes
- failing to preserve photographs and communications
- ignoring a recorded lien
- allowing inspections to occur without documentation
Evidence in construction disputes is physical and temporary. Repairs, demolition, and continued work can destroy proof. Early documentation often determines both outcome and cost.
FAQ
Can I refuse final payment if the work is defective?
Sometimes. The answer depends on contract terms and the nature of the defects.
Does a mechanic’s lien mean I automatically owe money?
No. A lien is a claim, not a judgment, but it still affects property rights.
Should I immediately file suit?
Usually not. First determine responsibility, documentation, and practical resolution options.
Next step
If a construction project has stalled, defects exist, or a lien affects your property, a consultation determines responsibility and available remedies before escalation.
Call 720-588-3529 or request a consultation.