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Scope of work, delays and damage cause many construction disputes

On Behalf of | Dec 17, 2023 | Construction Litigation

All construction projects in Massachusetts, regardless of size, involve thousands of details and multiple parties. Misunderstandings, mistakes or bad luck could result in disputes. Due to the thousands and sometimes millions of dollars at stake, serious disputes can produce lawsuits. Work stoppages and litigation trigger new costs as the parties argue over what went wrong and who bears liability.

Scope of work

Construction contracts explain who must do what and how they should resolve disputes. Complex projects, however, have a high potential for participants to misunderstand or misinterpret the scope of their obligations to each other. Something might happen that neither side perceives as applicable to them.

When one or more parties fail to agree on what their role in a project is, then they may have to resort to construction litigation. Ideally, they will negotiate a solution, but sometimes judicial intervention is needed to clarify contractual language.

Work delays

Time is money, and when a project falls behind, costs balloon. Many reasons can cause delays, and they may or may not be the fault of a single party, such as bad weather.

However, delays that happen because one party made a mistake or wants to alter the scope of work will have an attributable source. Disputes of this nature usually boil down to whether someone will pay more or absorb the extra cost.

Damage or subpar work

Numerous subcontractors and companies perform work at construction sites. A company that damages previous work can create a dispute about who will pay for repairs. This is especially likely if contracts do not clearly address these scenarios.

Subpar work, either because of bad workmanship or poor materials, results in expenses and delays as well. Disputes of this nature will raise questions about contractual expectations or the materials manufacturer.