Construction Litigation Attorneys in Morehead City, North Carolina

Construction projects are time-sensitive, expensive, and require attention to detail. In these cases, making legal disputes in this arena is particularly challenging. When disagreements arise, it's essential to understand the laws governing construction litigation in North Carolina.

Thankfully, you don't have to face these complicated legal matters alone. At Murrelle, Hughes & Majstoravich, P.A., we represent clients in Morehead City, North Carolina, who are involved in construction-related disputes. Our attorneys have the resources, knowledge, and experience to break down the key aspects of construction litigation, from common issues to specific laws and processes involved in resolving these disputes.

North Carolina General Contract Law

At the heart of most construction disputes lies contract law. North Carolina courts typically uphold the terms of a legally binding construction agreement, provided all parties have met the essential elements of contract formation. Breaches, such as deviations from the contract specifications, often form the basis of litigation.

• North Carolina Mechanics' Lien Law: Mechanics' liens provide contractors, subcontractors, and suppliers with legal recourse to recover unpaid funds. Under N.C. Gen. Stat. § 44A, if payment is not received, claimants may file a lien against the property they worked on to ensure compensation. Strict filing deadlines and specific documentation requirements apply, so seeking legal guidance early is critical.
  

• Construction defect laws: North Carolina law allows property owners to file lawsuits for latent or patent construction defects. The statute of limitations is typically three years from the discovery of a defect, while the statute of repose bars claims after six years following substantial project completion.
  

• Building codes and standards: North Carolina's State Building Code governs construction safety, energy efficiency, and structural standards. Noncompliance with these codes can lead to both legal disputes and regulatory penalties.
  

• Arbitration and alternative dispute resolution (ADR): The North Carolina legislature strongly favors ADR methods, such as mediation and arbitration, which can often resolve disputes more efficiently than litigation. Many construction contracts include mandatory arbitration clauses to minimize court involvement.

Our Construction Litigation Services

At Murrelle, Hughes & Majstoravich, P.A., our attorneys are committed to helping you assess the facts, review contracts, and determine whether legal action is warranted. If litigation is necessary, the we can initiate litigation in the appropriate North Carolina court. Some of our primary services for construction litigation include the following:

Discovery Phase

The discovery phase is a formal process where both parties exchange information about the evidence and witnesses they plan to present at trial. This phase may include:

• Depositions (witness interviews under oath)

• Document exchange (such as contracts, blueprints, and payment records)

• Expert reports (e.g., structural engineers reviewing alleged defects)

Our strategic attorneys are dedicated to working with you to craft a strong case on your behalf. Together, we can help you gather all the necessary information with your goals in mind.

Pretrial Motions and Negotiations

Before the case goes to trial, parties often file motions to dismiss, compel discovery, or resolve specific issues. Our attorneys can help you engage in settlement negotiations or attend court-mandated mediation to explore resolution options.

If you are unable to reach a settlement, the case proceeds to trial. Both parties present evidence, witness testimony, and legal arguments. A judge or jury will then decide the outcome based on the evidence presented.

Appeals Process

Either side may appeal the decision if they believe a legal error occurred during the trial. The appellate process reviews the case but typically does not involve the presentation of new evidence. Our knowledgeable attorneys can guide you throughout this process and fight for what you deserve at every step.

Causes of Construction Disputes

Construction disputes can arise for a variety of reasons. At Murrelle, Hughes & Majstoravich, P.A., some of the most common causes we encounter include the following:

• Contract breaches: Failure to adhere to the agreed terms of a construction contract, such as using substandard materials or abandoning a project before completion.

• Defective work: Construction defects, whether structural, mechanical, or related to design, can jeopardize the safety and integrity of a project.

• Payment issues: Disputes over unpaid invoices, late payments, or withheld retainage can strain relationships between contractors, subcontractors, and property owners.

• Schedule delays: Extended timelines due to labor shortages, weather conditions, or mismanagement can lead to disputes over responsibility and compensation.

• Miscommunication: Misunderstandings or unclear terms in contracts can lead to disagreements over expectations and project scope.

At our firm, we can help you avoid disputes or address these issues proactively by developing robust contracts and maintaining clear communication. When prevention fails, however, litigation may become necessary.

Avoiding Construction Disputes

While litigation can resolve disputes, it is always preferable to avoid conflicts altogether. Some of the ways our firm can help reduce the likelihood of construction disagreements include:

• Drafting clear contracts: We can help you create detailed, unambiguous contracts outlining scope, payments, deadlines, and quality standards.

• Conducting thorough documentation: We can help you maintain accurate records of communications, site inspections, and project changes.

• Implementing quality control measures: We can help you conduct regular inspections and adherence to building codes minimize defects and compliance issues.

• Communicating regularly: We can advise you on how to maintain open and frequent communication between stakeholders helps to address concerns early.

Consult our attorneys during contract negotiation or at the first sign of a potential dispute. Schedule a consultation today to learn more.

Experienced Construction Litigation Services in North Carolina

At Murrelle, Hughes & Majstoravich, P.A., our experienced construction litigation attorneys offer personalized guidance tailored to your specific needs. Whether you're a property owner, contractor, or supplier, we are dedicated to fiercely protecting your rights and interests.

From mediation to courtroom representation, we ensure that you feel confident every step of the way. When construction disputes arise, having knowledgeable legal representation can make all the difference. Located in Morehead City, North Carolina, we serve clients throughout the surrounding areas. Contact us today to schedule a consultation.