What is Considered a Breach of a Construction Contract?

A Philadelphia construction contract lawyer can provide you with assistance if your construction contract is breached. You need to understand what breach means in the context of a construction contract so you will know when to talk with a Philadelphia real estate lawyer about pursuing a case to recover for damages. 

Curley & Rothman, LLC provides assistance to builders, developers, investors, property owners, and others involved in the drafting of a residential or commercial construction contract. Our legal team also provides help when problems arise with a contract, including questions of contract interpretation or situations where a breach of contract has occurred.

Our legal team can evaluate your situation, help you to determine if a breach has occurred, and assist you in pursuing a case to obtain damages that the breach has caused you to incur. Give us a call to find out more.

When is a Construction Contract Breached?

A breach of a construction contract occurs under any circumstances where a party to a contract has failed to perform according to the specific terms of the contractual agreement. A breach can be a material breach when the failure goes to the heart of the contract, such as in situations where a construction professional fails to even start a project by a required start date and no building occurs. A non-material breach, on the other hand, occurs if there is a failure to fulfill some term of the contract but the essence of the agreement is still respected and the contract’s fundamental purpose is fulfilled.

Some examples of a breach of a construction contract include:

• Failure to start a construction project when a contract compels a builder or developer to undertake the project.
• An unreasonable delay in completion of a construction project or a failure to complete a construction project according to a deadline that has been specified in the agreement. Even if the contract does not specify a time limit in which construction must be completed, a lengthy delay in completion can constitute abandonment of the construction project and can thus be considered a breach.
• A failure to complete a construction project according to the specifications which have been set forth in the construction agreement. Shoddy construction can be considered a breach of a construction contract, as can failure to follow blue prints and to complete the project according to the agreed-upon specs.
• A failure to use the materials that are called for in the construction agreement. If a builder or developer substitutes substandard or lesser quality materials, this could be considered a breach of the construction contract.
• Failure to pay on time and/or failure to pay in full for the services that a construction professional provides. A failure to pay can result in a materialmen’s lien or a mechanic’s lien, depending upon whether labor or materials were not paid for by the property owner who contracted for the construction project to occur.

These are just a few of many different examples of a breach of a construction contract. You should talk with an experienced attorney if you suspect that the opposing party to your contractual agreement has failed to fulfill any of the contract’s terms. Give us a call to find out more about the definition of a breach and to get legal advice on whether a construction contract that you are a party to has been breached.

When Should you Contact a Philadelphia Construction Contract Lawyer?

As soon as you suspect a breach has occurred, you should strongly consider talking with a Philadelphia construction contract lawyer. Your attorney can work with the breaching party or his attorney to try to resolve the breach as quickly as possible before losses occur. Your attorney can also help you to make smart choices regarding how to respond to the breach and can help you to take steps to gather evidence of losses caused by the breach so you can make a successful claim and recover all appropriate damages.

Getting Help from A Philadelphia Real Estate Lawyer

Curley & Rothman, LLC is here and ready to help you when a breach of a construction contract occurs. Whether you resolve your claim of a breach through negotiation, mediation, arbitration, or litigation, our legal team has the skills and experience necessary to provide you with advice on how to protect your interests.

We represent both property owners and builders or construction professionals when a breach has happened. To find out more about the assistance that we can offer to you, give us a call at 610-834-8819 or contact us to speak with an experienced Philadelphia construction contract lawyer.