Protecting Your Construction Investment
Construction contract disputes can threaten your project timeline, budget, and business relationships. With over 30 years of combined legal and construction industry experience, James J. Corbett, P.C. provides aggressive, results-oriented representation for all types of construction contract litigation.
Whether you’re a general contractor, subcontractor, property owner, or developer, our firm understands the complexities of construction contracts and delivers practical legal solutions that protect your interests.
Types of Construction Contract Disputes We Handle
Breach of Contract
Representing clients when contract terms are violated, including failure to perform, deficient work, or abandonment of projects.
Payment Disputes
Enforcing payment obligations, pursuing mechanic’s liens, and defending against wrongful non-payment claims.
Delay Claims
Seeking compensation for project delays, including critical path analysis and calculation of delay damages.
Change Order Disputes
Resolving conflicts over change order validity, pricing, and scope of additional work.
Defective Work Claims
Pursuing claims for substandard workmanship, code violations, and failure to meet specifications.
Contract Termination
Representing parties in wrongful termination disputes and enforcing termination rights.
Warranty Claims
Enforcing express and implied warranties for construction defects discovered after project completion.
Lien Enforcement
Filing and enforcing mechanic’s liens to secure payment for labor and materials provided.
🎯 Why Choose Our Firm for Construction Litigation?
Legal Expertise
- 30+ years construction law experience
- Trial-tested litigation skills
- Extensive contract knowledge
- Statewide NY practice
Industry Knowledge
- Former construction project manager
- VP & General Counsel experience
- Hands-on field expertise
- Real-world construction understanding
Strategic Approach
- Aggressive but practical representation
- Cost-effective litigation strategies
- Settlement negotiation expertise
- Trial preparation excellence
Our Litigation Process
Initial Consultation & Case Assessment
We review your contract, analyze the dispute, assess your legal position, and discuss potential strategies and outcomes. Quick response time ensures we can advise on time-sensitive matters.
Pre-Litigation Strategy
Before filing suit, we explore resolution through demand letters, negotiation, and mediation. Many disputes can be resolved cost-effectively without litigation.
Filing & Pleadings
If litigation becomes necessary, we prepare and file comprehensive complaints or answers, ensuring all claims and defenses are properly asserted.
Discovery & Investigation
We conduct thorough discovery including document requests, depositions, and expert witness retention. Our construction industry knowledge helps identify critical evidence.
Motion Practice
When appropriate, we file dispositive motions to resolve issues early, saving time and legal costs while positioning the case favorably.
Settlement Negotiations
Throughout litigation, we pursue favorable settlement opportunities while maintaining trial readiness. Our goal is achieving the best outcome efficiently.
Trial or Arbitration
If settlement isn’t achievable, we provide aggressive trial representation backed by thorough preparation, expert testimony, and compelling case presentation.
Common Contract Dispute Scenarios
For Contractors & Subcontractors
Non-Payment
Property owner or general contractor refuses payment for completed work
Change Orders
Disputes over approval and compensation for additional work
Delay Damages
Owner-caused delays impact project completion and costs
Wrongful Termination
Contract terminated without proper cause or notice
For Property Owners & Developers
Defective Work
Contractor’s work fails to meet specifications or building codes
Project Abandonment
Contractor leaves project incomplete without justification
Cost Overruns
Project costs exceed contract price without valid change orders
Safety Violations
Contractor’s negligence creates safety hazards or violations
⚠️ Time Is Critical in Construction Disputes
- Mechanic’s Lien Deadlines: Strict filing deadlines can bar your payment claims if missed
- Statute of Limitations: Breach of contract claims must be filed within specific time periods
- Evidence Preservation: Critical evidence can be lost or destroyed without prompt action
- Project Continuation: Delays in resolving disputes can halt construction and increase costs
- Financial Impact: Unresolved disputes can threaten cash flow and business viability
Alternative Dispute Resolution
While we’re prepared to litigate aggressively when necessary, we also recognize that many construction disputes can be resolved more efficiently through alternative dispute resolution (ADR) methods:
Mediation
Facilitated negotiation with a neutral third party can lead to mutually acceptable resolutions without the time and expense of trial.
Arbitration
Many construction contracts require arbitration. We have extensive experience representing clients in binding arbitration proceedings.
Negotiated Settlement
Direct negotiation between parties, backed by strong legal positioning, often achieves favorable results efficiently.
Our approach is to pursue the most cost-effective path to resolution while maintaining the option to litigate aggressively if settlement isn’t achievable on favorable terms.
🚨 Don’t Wait – Act Now to Protect Your Rights
Construction contract disputes require immediate attention. Contact us today for experienced legal representation that understands both the law and the construction industry.
Free Consultation | Evening & Weekend Appointments Available | Serving All New York State
Frequently Asked Questions
How much does construction litigation cost?
Legal costs vary based on case complexity, but we provide transparent hourly billing and work with clients to develop cost-effective litigation strategies. During your initial consultation, we’ll discuss expected costs and potential outcomes to help you make informed decisions.
How long do construction disputes take to resolve?
Timeline varies significantly. Some disputes resolve in weeks through negotiation, while complex litigation can take 12-24 months or more. We work efficiently to achieve favorable results as quickly as possible while ensuring your case is thoroughly prepared.
Should I try to settle or go to trial?
This depends on the specific facts of your case, the strength of your legal position, and your goals. We evaluate settlement offers objectively and provide candid advice about whether settlement or trial is in your best interest. Our trial experience gives us leverage in settlement negotiations.
What is a mechanic’s lien and when should I file one?
A mechanic’s lien is a legal claim against property securing payment for labor and materials. In New York, contractors and subcontractors have strict deadlines to file liens. Acting quickly is critical – contact us immediately if you’re facing non-payment issues.
Can I fire my contractor for poor performance?
Termination rights depend on your contract terms and the specific circumstances. Improper termination can expose you to breach of contract claims. We can review your contract and situation to advise whether termination is appropriate and how to proceed properly.
Why Industry Experience Matters
James J. Corbett’s unique background as both a construction attorney and former construction professional provides invaluable advantages in litigation:
- Understanding Construction Operations: We grasp the practical realities of construction projects, not just legal theory
- Credibility with Judges and Juries: Our industry knowledge enhances our ability to explain complex construction issues clearly
- Effective Expert Coordination: We work efficiently with construction experts, engineers, and consultants
- Strategic Case Development: We identify key technical and contractual issues that drive case outcomes
- Practical Solutions: We provide realistic, business-focused advice based on real-world construction experience
