Construction projects typically involve numerous contracts, the coordination of many contractors and entities, and the procurement and use of large machinery and ample amounts of supplies. Since several different elements must align properly for a construction project to be completed, it is not surprising that issues occur frequently on construction sites. If you are involved in a dispute arising out of a construction project, it is vital to retain an attorney who is experienced in handling construction litigation to assist you in protecting your rights. The Savannah construction lawyers at Hagenbrok & Hagenbrok PLLC are admitted to practice in Tennessee, Arkansas, and Mississippi, and we represent parties in construction litigation in state and federal courts.Common Disputes Arising in Construction Projects
Construction projects generally involve several contracts, and it is not uncommon for issues to arise over the enforcement or interpretation of a contract. For example, parties may disagree as to whether certain work falls under the scope of contractual duties. Additionally, disputes may arise as to who is responsible for delays on a project and whether delay damages should be assessed. In some cases, a party may fail to obtain required permits, resulting in a delay, or they may completely default on the duties imposed under a contract, causing the other parties to incur substantial financial losses. Even if a construction project is completed seemingly without issue, problems can arise due to hidden defects. In many cases in which defects arise at a later date, an expert opinion may be required to identify what caused the defect.
Many lawsuits that arise out of construction projects assert that one or more parties should be held liable for a breach of contract. In addition to breach of contract claims, a construction attorney in the Savannah area may be able to pursue negligence, fraud, and breach of warranty claims on a client’s behalf. If you are involved in a disagreement arising out of a construction project, you should speak with our attorneys to discuss your options for seeking damages.Proving Damages Caused by a Breach of Contract
In Tennessee, to recover damages under a breach of contract claim, the party seeking damages must show the existence of an enforceable contract. It must then be proven that one party failed to perform under the contract, amounting to a breach, and that the other party suffered damages as a result of the breach.
In assessing the damages caused by a breach of contract, the court’s goal is to place the non-breaching party in the same position as it would have been had the contract been performed. The non-breaching party will not be granted a windfall, however, and it is not entitled to recover damages that would place it in a better position than it would be if the contractual duties had been completed. Our Savannah construction attorneys can explain the scope of the damages that may be available in your case. Generally, the court will permit the non-breaching party to recover damages that are foreseeable and normal results of the breach of contract. In the context of construction contracts, the damages that the non-breaching party is owed depend upon the facts of the case. Typically, however, damages may include increased labor and payroll costs, an increase in the cost of materials, the cost of extended insurance, and any other costs that can reasonably be attributed to the delay in completing the project.Meet With a Seasoned Tennessee Attorney to Discuss a Construction Dispute
Issues commonly arise in construction projects, resulting in significant delays and financial losses. If you are involved in a construction dispute, you should meet with a seasoned construction lawyer to discuss your potential claims. The attorneys at Hagenbrok & Hagenbrok PLLC frequently assist parties in construction lawsuits in Savannah, Crump, Adamsville, Milledgeville, Saltillo, Olivet, Walnut Grove, Shiloh, and throughout Hardin County. You can reach us through the online form or at (731) 438-8071 to set up a meeting with a construction lawyer in the Savannah area.