Construction Dispute Lawyers in the New York Metropolitan Area

Are you facing something we have not listed above? Let us know about your specific construction dispute. Our team has experience handling cases involving federal, state, and local laws and regulations. We can help chart a course through even the most complex legal landscape, exhausting our resources and know-how in an effort to secure the outcome you need.  

The Role of Different Parties in Construction Projects

Construction projects usually involve several parties with specific responsibilities. Should a dispute arise, it is essential to understand each party’s role and how they may have contributed to the issue at hand. 

Project Owners

The person in charge of a project is usually termed the “owner.” It is critical for project owners—until they have completed numerous projects—to understand they are operating under a significant handicap. Not only must they contend with professionals who do construction (and create form contracts) for a living, but they also must assume financial responsibility for the entire project. 

Owners’ duties and responsibilities include, but are not limited to:

• Financing the project
• Providing site surveys
• Securing and paying for easements
• Warranting the plans and specifications
• Warranting owner-furnished materials
• Disclosing superior knowledge
• Acting on clarifications and changes
• Interpreting the documents
• Cooperating with contractors
• Selecting all professionals on the project
• Interacting with governmental bodies
• Interacting with real estate professionals to sell the finished project
• Interacting with title companies to facilitate the sales

Contractors

Generally, contractors are responsible for planning, leading, executing, supervising, and inspecting a building construction project. These responsibilities extend from the beginning to the end of the project, regardless of its scope. 

Under construction law, contractors and owners are required to act in good faith while performing contractual obligations. New York courts and others maintain that contractors owe project owners a duty to perform services in a “workmanlike manner,” meaning that they must execute their duties with the same level of skill and care as other contractors in their field. This duty also requires contractors to warn owners if a design or construction specifications may have damaging results.

Architects

Architects assume remarkably powerful positions in the world of construction. They are the ultimate decision-makers who are supposed to coordinate an owner’s aesthetic and practical needs with the design criteria and requirements of engineers, builders, and local authorities. With this power often comes the focus of disputes and resentment of other parties. Yet architects, legally speaking, fulfill a mundane role, as they are restricted to being the project owner’s agent. In some jurisdictions, a written contract between the architect and owner is legally required. 

Subcontractors

Subcontractors are hired by the primary contractor to perform specific tasks. They usually have a direct contract with the general contractor rather than the owner and are responsible for making sure their work is completed according to specifications and within deadlines. Subcontractors can also be held liable for any damages or defects in their workmanship that arise during the project.

Conversely, subcontractors can file a mechanic’s lien against the property for unpaid wages and expenses. They also have the right to work in a safe and healthy environment and can file a workers’ compensation claim if injured on the job.

Subcontractors and general contractors should create agreements outlining both parties’ rights, obligations, and duties. This document ought to include timelines, fees, and an indemnity clause. The latter must specify that the subcontractor is not liable for any breach of contract that the general contractor commits. Finally, the agreement needs to list the dates work will begin and end.

Material Suppliers

Material suppliers provide materials needed for a construction project, such as wood, concrete, plumbing fixtures, etc. They often have contracts with either the primary contractor or subcontractor and must ensure the timely delivery of quality materials. In disputes over defective materials or late delivery, material suppliers may be held accountable for any resulting damages or defects.