A construction contract is signed between two or more parties to help them reach a legal agreement before they take on any construction project. In most cases, the construction agreement is signed between a builder or contractor and a property owner.
After the construction contract has been signed, each of the parties involved has some legal obligations that they are expected to follow as outlined in the agreement. Generally, there are three primary purposes that a construction contract serves:
- Describing the scope and timeframe of the construction project.
- Specifying the amount and timing of payments made to the builders.
- Listing the responsibilities of each party to the contract.
In some cases, a construction contract dispute can arise. If either party breaches the contract, the other party can hold them responsible under the law and could successfully collect damages after filing a lawsuit. Construction attorneys can help you understand the law and take legal action against a contractor.
What Is A Breach Of A Construction Law Contract?
A breach of contract occurs when one of the parties involved fails to fulfill their obligations as outlined in the legal agreement. That party can be held legally responsible for the damages resulting from the breach. Construction law outlines the responsibilities and liabilities of each party that signed the agreement. Construction contract disputes can be challenging to navigate alone. If you have to pursue litigation against your contractor, we recommend finding construction attorneys to help you make your legal claims.
How Do I Sue A Contractor For Breach Of Contract with the Help of an Attorney?
Suing your contractor for breach of a construction contract isn’t always a straightforward process and law can be complicated. To emerge successfully, you must be able to prove that the breach actually occurred. A construction attorney, with expertise in construction law, can be a valuable asset when making legal claims against your contractors. Following are the most important proofs you will need to prove your claims and make your legal case.
1. Existence Of A Contract
When seeking legal action for a breached contract, you first must prove that a construction contract existed in the first place. This may be hard to prove if the contract was formed verbally. Failure to provide written evidence of the agreement makes it difficult to show that it existed conclusively and may prevent you from following through with your litigation.
If you wish to protect your interests and legal rights throughout your construction project, it is vital to ensure that any construction contract you are part of is recorded in writing. Evidence such as emails and texts can be helpful in proving that the contract indeed existed if no formal written contract was made. Virginia construction lawyers can help you determine if the evidence you have is sufficient to move forward with your claims.
2. Proof That The Contract Was Breached Under Construction Law
On proving that the construction contract indeed existed, the other obstacle that you must overcome to emerge successful in suing for breach of contract is proving that one of the parties involved failed to meet a particular legal obligation or failed to do so satisfactorily.
You should provide clear evidence of the obligations of each of the parties involved, for instance, through the terms and conditions page of the contract. You must also prove that these obligations were not performed at all or not performed to your level of satisfaction. When preparing to make your case, discuss with your attorney what happened during the building process that was a violation of the contract. Your attorney will help you determine the best way to present your claims and prove legal damages.
3. You Suffered Loss As A Direct Consequence Of The Breached Contract
To emerge successful in suing for breach of contract, you must prove that, as the injured party, you suffered loss as a direct consequence of the failure of the other party to meet their legal obligations. You, therefore, deserve to be awarded damages or compensated for the loss you or your firm experienced.
It is vital to collect all this important information before you and your attorney sue a contractor for breach of contract. In some instances, the contract may state the steps to take if either party fails to meet their obligations.
For instance, you may be required to use alternative dispute resolution methods such as arbitration, litigation, or mediation before you sue. An attorney can help determine which dispute method to use for your legal claims. It is also essential to inform the contractor or firm of the breach beforehand, as the contract may allow them a period to fix it before you proceed with the lawsuit.
How Are The Claims and Damages Computed?
The damages incurred in a breached construction contract are usually calculated in one of two ways. Each method is valid and will be determined by the Virginia court based on the facts presented in your legal claims. They are as follows:
- Diminution in Value: Here, the breaching party reimburses the other party for the value lost due to the breach. The amount you receive is a difference between the market value of the unfinished project and the amount stated in the original contract.
- Cost to Complete: This method requires that the breaching party pays the amount required to complete the project as agreed and deliver satisfactory results. It applies where the contractor didn’t finish the construction job.
How Can A Construction Lawyer Help Me?
If you are experiencing any legal issues with your construction contract, it is highly recommended that you work with construction fraud lawyers.
An attorney can help you recover damages and acquire compensation if your contractor breaches the contract. A skilled and experienced attorney will advise you on the best steps to take in order to be successful and will represent you in court, if necessary.
Our law firm construction attorneys are experts in construction law. Construction attorneys can review your claims, answer questions about the law, and help you proceed with your litigation. If you have legal questions or need help, don’t hesitate to contact an attorney.
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