Construction Lawyers

Construction Law & Defect Litigation

Attorneys reviewing documents on tableWhether your issue involves an Arizona Registrar of Contractors (ROC) complaint, a mechanics lien, a delay claim, or construction defect, Righi Fitch Law Group has the experience to address problems and resolve disputes that arise in residential and commercial construction projects.

The lawyers at Righi Fitch understand construction – from the initial stages of contract drafting and risk management, to the handling of complex disputes. When you are faced with a construction-related legal issue, consider adding the expertise of Righi Fitch Law Group to your team.

Contact our offices at (602) 483-6352 to discuss your needs. We provide representation in Arizona, New Mexico, Utah, and Hawaii.

Construction Contracts

The construction contract is an essential document that sets out the rights and responsibilities of each party to the agreement. It is important that you read this document carefully, and that you understand it fully. The legal consequences may not be obvious, so it is important to have a lawyer review it with you. While some compromise may be necessary, you need to be certain that this truly is the agreement you want to make. If it is not, you should not sign the agreement unless the changes you want are made.

A typical construction contract will set out:

  • The identity of the project and the parties
  • The documents that form the entirety of the contract
  • A timeline for the completion of the project
  • The schedule of payments
  • The rights and obligations of each party to the contract
  • Penalties for late performance
  • Categories of damages in the event of a breach by either party
  • The method to be used to resolve disputes
  • Indemnity obligations of the parties
  • Insurance requirements

When reviewing the contract, you should keep in mind what is reasonable to expect from each party, including yourself. Basic determinations regarding whether the project can realistically be delivered on time, and whether the cost of the project is within the financial capability of the project owner are extremely important. You are the best judge of what seems reasonable, and you should keep that consideration in mind as you consider signing a construction contract. Many times, the advice of an experienced, independent counselor can be the difference between a successful project, and one that ends in dispute.

Construction Disputes

Despite everyone's best efforts to make everything work well, disputes may arise during any construction project. Disputes that arise during a construction project can cause delays that add to the expense of the project. Disputes that arise at any time are costly and consume a great deal of everyone's time and energy.

A well-drafted construction contract will set forth the method of dispute resolution. Many contracts will require the parties to use alternative dispute resolution (ADR) mechanisms, such as arbitration or mediation, rather than litigation to resolve disputes. Mediation can be a very effective tool to resolve disputes as a prerequisite to arbitration or litigation. Arbitration can, in some cases, provide a faster and less expensive path to dispute resolution as opposed to traditional litigation, but the arbitration process must be properly tailored to the project. The lawyers at Righi Fitch combine more than 100 years of dispute resolution experience, having arbitrated and litigated thousands of cases. We can help you tailor a dispute resolution process that fits your needs, and the needs of the parties involved in your project.

Expert Advice from Experienced Attorneys

Construction disputes are as varied as the projects from which they arise. Partner Marcus Tappe discusses Righi Fitch Law Group's approach to handling one common type of construction dispute – a residential construction defect case. Watch his video now to learn more about what a construction defect litigation case entails.

To learn more about our construction law and defect litigation practice, call us today at (602) 483-6352.

Approach to Construction Defect Cases

Speak to a Construction Law Attorney

Construction projects can give rise to numerous legal issues and problems. In many cases, anticipating potential issues when drafting the construction contract can prevent problems from getting out of hand and causing undue trouble or expense for everyone involved. Everyone involved in a construction project should have legal counsel to help protect him or her from what may arise.

An experienced construction law attorney at Righi Fitch Law Group can provide you the counsel you need to protect your interests. Our clients include homebuilders, construction companies, and national insurance companies who rely on us for our experience in construction litigation, construction defect defense, and general liability defense. Insurance companies retain us to defend their insureds. We represent builders, general contractors, and developers directly.

Comprehensive Legal Services in Construction Law

Local and national home builders are among our construction law clients. We provide comprehensive legal services builders including pre-project planning, entity formation, and acquisition of insurance. We are there for them during contract negotiation, property acquisition, and throughout the development process. We provide counsel relating to the sale of property to the ultimate residential purchaser.

After the sale, we are available to resolve any problems that may arise. We file and remove mechanics' liens and defend clients in construction defect litigation and ROC complaints, resolving disputes through alternative dispute resolution techniques or through trial and appeal. We even help clients hit hard by the industry downturn restructure their businesses. We also provide general liability defense to construction clients.

Proactive & Innovative Solutions for Construction Companies

In all our work, we focus on proactive and innovative solutions to complex legal problems. We get involved as early as possible and are often able to stave off litigation, saving our clients a great deal of time and money. We recognize that, when it comes to the construction industry, every decision is a big decision. Our firm provides the clear information and analysis our clients need to make wise choices.

Additional Resources:

Construction Law FAQ - Get answers to some commonly asked questions regarding construction law and litigation.

Construction Law Resources - Still want more information? Check out some of these sites that we recommend.

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Experienced Attorneys Who Get the Job Done

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