Experienced Lawyers Assisting Clients In Fairfax County And Northern Virginia With Building Project Disputes
Whether you are involved in a simple home remodel or complex commercial construction project, disputes can cost you time and money, rob you of the enjoyment of your property, and seriously threaten your residential or commercial property investment. Friedlander & Friedlander P.C. represents clients in Fairfax County and throughout Northern Virginia in construction litigation. The firm assists people and businesses mired in conflicts get relief and move their projects forward.
A Few Words About Licensed Contractors
In Virginia, construction contractors must comply with specific provisions set forth by the state’s Department of Professional and Occupational Regulation (DPOR). These requirements help ensure that contractors operate professionally and ethically. For example:
- Licensing: Contractors must obtain the appropriate license from the DPOR to legally perform work. Licenses are categorized into three classes (A, B, and C) based on the size and scope of projects.
- Class A license: Required for projects valued at $120,000 or more, or if the total value of all projects undertaken in a 12-month period is $750,000 or more.
- Class B license: Required for projects valued between $10,000 and $120,000, or if the total value of all projects undertaken in a 12-month period is between $150,000 and $750,000.
- Class C license: Required for projects valued between $1,000 and $10,000, or if the total value of all projects undertaken in a 12-month period is less than $150,000.
- Financial and insurance requirements: Contractors must demonstrate financial responsibility, which may involve providing financial statements or surety bonds. They are typically required to carry general liability insurance and workers’ compensation insurance, if applicable.
- Contractual provisions: Contracts must include specific information, such as the contractor’s license number, estimated start and completion dates, total cost, and a statement of the customer’s right to cancel the contract within a specified period.
- Adherence to building codes: Contractors must comply with all applicable building codes and regulations. In addition, they must adhere to regulations designed to protect consumers, including fair trade practices and dispute resolution procedures.
Any Virginia contractor or persons dealing with a Virginia contractor should be aware of mandatory provisions required by the DPOR as well as the criteria for construction contracts under Virginia Code §11.4.6 [Required Contract Provisions in Construction Contracts]. This law outlines the payment terms in construction contracts between parties. It requires payment to the general contractor within 60 days after receiving an invoice, as long as the work invoiced is satisfactorily completed. If payment is withheld due to the contractor not following the contract, the payor must notify the contractor in writing within 45 days, explaining why and how much is being withheld. If the payor fails to make the payment on time, they may incur interest penalties. The statute also includes mandatory directives regarding employment relationships between contractors and subcontractors, wages and more.
Skilled Virginia Litigators Handling A Range Of Construction Disputes
If you’ve embarked upon a construction project in Virginia, the attorneys of Friedlander & Friedlander P.C. provide skilled counsel for any disputes you may encounter that threaten to derail its completion. The firm can negotiate, arbitrate, mediate or litigate cases arising from:
- Breach of contract
- Collections
- Construction bond claims
- Construction defects
- Construction delays
- Home improvement
- Mechanic’s liens and materialman’s liens
- Property, land use and zoning
- Remodeling
- Rights of way
- Subcontractor performance
Friedlander & Friedlander P.C. represents clients involved in all aspects of construction, including homeowners, homeowner associations, businesses, general contractors, subcontractors, developers, lenders, bond and surety companies, design professionals and suppliers of materials.
Thorough Legal Professionals Providing Knowledgeable Advice And Advocacy
Establishing fault in construction cases often requires specialized knowledge of industry practices and standards. Your attorney will draw on the expertise of qualified professionals, including general contractors, structural engineers, soil engineers, geotechnical engineers, statisticians and architects to bolster your case. The firm employs state-of-the-art diagnostics and analyses to fortify your claim.
Proven Counselors Advising On Mediation And Arbitration
Often, parties can avoid the expense and stress of litigation by making use of alternative means of resolution, such as mediation and arbitration. Moreover, many construction contracts have clauses that require nonbinding or binding arbitration to resolve disputes. The attorneys of Friedlander & Friedlander P.C. have experience representing parties at arbitration and mediation proceedings. They seek to negotiate lasting solutions that save clients time and money and allow them to get their projects back on track.
Established Attorneys Seeking Fair Compensation
If you have been harmed by a construction defect or a contractor’s or subcontractor’s failure to perform, your attorney can press for compensation to cover:
- Actual damages, including the past and future costs of repairing and restoring your 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 your 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 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
Friedlander & Friedlander P.C. is determined to help you recover appropriate damages in a timely manner for any construction litigation we undertake on your behalf.
Contact A Virginia Construction Litigator
Every moment of delay in a construction project costs you time and money. To assert your rights in a construction dispute, call Friedlander & Friedlander P.C. at 703-540-0442 or contact the firm online to schedule a consultation. From a McLean office, the firm helps individuals and businesses resolve construction disputes throughout Northern Virginia.