INCREASED RISKS IN THE CONSTRUCTION INDUSTRY :
As the economy recovers from the great recession, business is starting to pick up and this includes the construction Industry. But with this relative boom, comes many legal problems associated with construction. Some of these legal problems can be avoided if proper safeguards are in place. But by the time that notice of a lawsuit is served on a person or an entity, preventive strategies have already failed. It is at this point that failure to respond to the lawsuit becomes the most immediate danger.
A good portion of construction lawsuits are based on a breach of contract theory. If the defendant is a contractor or a subcontractor, the usual allegations of the lawsuit pertain to some kind of a breach of the construction contract either by non-performance of a contractual obligation or by failure to perform the work in accordance with the contractual specifications. Usually, it is further alleged that the homeowner or the project owner, have been damaged as a result of the contractor’s inadequate performance. Whether these types of allegations are true or not, requires investigation, expert analysis, and effective courtroom representation.
On the other hand, if the construction lawsuit is initiated by a contractor or a subcontractor, the central theme could still be a breach of the construction contract. But in this scenario, the breach of contract usually pertains to the non-payment of the fees due under the construction contract.
IF SUED, TAKE IMMEDIATE ACTION :
Whether you are a contractor, subcontractor, or a project owner, and you are facing a business lawsuit filed by an opposing party in the construction field, you must immediately respond. This response must be professionally prepared and filed in court within strict time limitations. Perhaps the greatest error committed is failing to take a lawsuit seriously and as a result, being subjected to a default judgment.
As soon as you have been served with court papers pertaining to a construction lawsuit, contact a San Diego construction defect litigation attorney immediately. Top class San Diego construction law attorneys know how to defend you against construction-related lawsuits. By hiring a top-class construction law firm, you will defend your legal rights, protect your property, stop frivolous lawsuits, and force opponents to prove their cases.