North Carolina Construction Law and Real Estate Disputes
Whether you’re involved in a simple home remodeling project or complex commercial construction, disputes can cost time and money, rob each party of the benefit of its bargain, and sometimes seriously threaten the livelihood of a business or family. Osborn Conflict Resolution helps clients who are mired in controversy get relief and move their projects forward. I have experience representing clients involved in all aspects of construction, including homeowners, homeowners’ associations, general contractors, subcontractors, developers, lenders, bond and surety companies, design professionals, and material suppliers. Quite simply, I love helping individuals and businesses get otghether and resolve construction disputes, and in fact I have negotiated, mediated, and litigate cases arising from:
- Breach of contract
- Construction bond claims
- Construction defects
- Construction delays
- Mechanic’s liens and materialman’s liens
- Claims by a homeowners association (HOA) against developers, contractors, or vendors
- Homeowners association (HOA) governance disputes
- Claims on behalf of aggrieved homeowners against HOA boards for breach of fiduciary duty, malfeasance, or violation of covenants, conditions and restrictions or bylaws
- Property, land use and zoning
- Easement or right of way disputes
- Contractor non-performance or defective performance
Thorough investigation by knowledgeable professionals
Establishing fault in construction cases often requires specialized knowledge of industry practices and standards. When the situation calls for it, I assemble a team of qualified experts, including general contractors, structural engineers, soil engineers, geotechnical engineers, or architects, who will in turn employ state-of-the-art diagnostics and analyses to investigate the sources and causes of construction defects, and provide workable, practical proposals for corrective work, repair, or restoration.
Cost-effective pursuit of fair and just compensation
A damages award or an agreed upon settlement in a construction or real property claim may included some, but not necessarily all, of the following components:
- Actual damages, including the past and future costs of repairing and restoring damaged property, and any contents damaged due to the defect (such as water damage caused by faulty plumbing)
- Compensation for the loss of the use and enjoyment of property, including inconvenience, aggravation, and discomfort
- Compensation for appraisal fees, storage charges, and cleaning costs incurred
- Compensation for the reasonable cost of rental of similar property during periods when your property could not be used
- Under very, very limited circumstances, exemplary or punitive damages, intended to punish a defendant and deter particularly malicious or reckless conduct in the future
- Interest on your damages as permitted by law
- Attorney fees and costs if provided for in your contract
Mediation, collaboration, and arbitration may save you time, money, and a whole lot of stress….
Often parties can avoid expense and delay by mediating disputes about provisions in construction contracts. Moreover, many construction contracts have clauses that require nonbinding or binding arbitration to resolve disputes. I have experience representing parties at arbitration and mediation proceedings. Wherever possible, I believe in exhausting all opportunities to negotiate practical, lasting solutions that save all parties time, money, and headaches and allow them to get their projects back on track.
Contact a Charlotte, North Carolina construction litigation law firm today
Every moment of delay costs all parties some combination of time, headache, and money. To assert, defend, or otherwise protect your rights in a construction dispute, call Osborn Conflict Resolution at 704-579-5524 or contact me online.