Top Tips to Avoiding Construction Litigation

One construction dispute can make a job unprofitable. Multiple disputes can lead to a contractor going out of business. At the very least you are spending time and resources on construction litigation that should be spent on the project.


There are many strategies that can be used to avoid this situation and to resolve it with minimal damage to the project. This article will help you to understand how to avoid these arguments as well as the solutions. By avoiding construction litigation, you can rest assured that deadlines will be met, and the bottom line remains intact.


Benson Mucci, & Weiss P.L. is the right choice for all of your construction law needs. Our law firm has extensive experience and an unyielding commitment to protecting your interests.


Our skilled team has over 75 years of legal experience. We not only provide sound legal advice but also personal service to each and every client. We will provide you with top-notch legal expertise when you need it the most. South Florida businesses can rest assured their case is being handled by the best.

Read the fine print.

Contractors are most likely to experience construction litigation issues due to unclear contract language. Be aware of any provisions that could affect your rights to compensation or extensions of time for owner-caused delays and changes. These include clauses governing change orders, no damages for delays, site conditions that differ from the original site, and significant completion requirements.


A law firm that specializes in Construction Law can review your contract to ensure you are protected.

Surety bonds can offer a layer of protection.

If there is cause to make a claim, surety bonds will pay compensation. At the same time, since a bond claim is a costly outcome to contractors and is not desirable, surety companies can also help resolve disputes or minimize damages that have arisen.

When there are problems during a project, and the contractor, project owner, or subcontractor can't resolve them themselves. Sureties can help and suggest ways to resolve the problem, minimizing damage for all parties. Contractors must always cooperate with their sureties in the event of a dispute.

Make a realistic schedule that can be followed.

Without an accurate baseline schedule, it's almost impossible to determine the impact of delays or change orders. A solid schedule can also be used to detect delays and take preventative steps before they become serious issues. You can use technology and improved scheduling to help you avoid falling behind in your job progress.

Consider IPD as a solution.

Integrated Projects Delivery (IPD) may help to reduce disputes. IPD involves contractors, owners, architects, and any major subcontractors, and suppliers, entering into a mutual agreement. This helps to avoid disputes since the parties work together from the beginning, agreeing on goals, target costs, and distributing responsibilities and risks. They often waive any liability against each other (except for willful misconduct) and agree to arbitrate or utilize another dispute resolution method.

Avoid construction litigation by seeing the problem before it happens.

Project managers are usually in the best position for identifying potential problems as they occur. Your project managers should be able to quickly identify and resolve problems. This can help to prevent problems from becoming full-blown conflicts.


Stay current with the laws and regulations that apply to your type of project. For example, if you are working on a commercial project, certain clauses may be required by federal or state laws. Courts may also interpret these clauses as part of the contract, even if they aren't. These rules are mandatory and can lead to litigation or disputes.


Benson Mucci, & Weiss P.L. provides services from Vero Beach to Miami Beach, both sides of the coast and in between. To schedule a consultation, click here. Or call us at (954) 323-1023 or toll-free at (800) 768-9739.