Abogados de Construction Law

Construction Law Lawyers in the United States

Construction projects involve millions of dollars, dozens of contractors, and countless opportunities for things to go wrong. Construction law governs the rights and obligations of every party on a project — from property owners and general contractors to subcontractors and material suppliers. Disputes in this field are common, with the American Arbitration Association handling over 2,000 construction cases annually.

What Construction Law Covers

Construction law addresses the full lifecycle of a building project. This includes contract drafting and negotiation, bid disputes, regulatory compliance, and building code violations. It also covers mechanic's liens, which allow unpaid contractors and suppliers to place a legal claim against a property.

Construction defect claims represent a major portion of this practice area. These cases involve structural failures, water intrusion, faulty electrical systems, or materials that don't meet specifications. Delay claims, change order disputes, and surety bond issues round out the field.

Government projects add another layer. Public construction work involves prevailing wage requirements, competitive bidding laws, and compliance with federal regulations like the Miller Act, which requires payment and performance bonds on federal projects exceeding $100,000.

When to Hire a Construction Law Lawyer

• You haven't been paid for completed work and need to file a mechanic's lien before the statutory deadline expires
• A property owner or developer has discovered structural defects and wants to pursue a construction defect claim
• You're entering a large commercial or government contract and need the terms reviewed before signing
• A project has stalled due to disputes over change orders, scope of work, or scheduling delays
• Your surety company has been called on a performance bond and you need representation in the ensuing claim

How the Process Works

Most construction disputes start with a demand letter or a notice of claim. Many contracts require mediation or arbitration before anyone can file a lawsuit. Roughly 90% of construction disputes settle before reaching trial.

If the dispute moves forward, discovery involves exchanging project documents — contracts, daily logs, inspection reports, and correspondence. Expert witnesses such as structural engineers and cost estimators often play a significant role. Construction litigation can take 12 to 36 months depending on the project's size and the number of parties involved.

How Compensation Is Calculated

• Cost of repair — the actual expense to fix defective work, which forms the baseline in most defect cases
• Diminished property value — the difference between the property's value as built versus its value if constructed properly
• Delay damages — lost revenue, additional financing costs, and extended overhead caused by project delays
• Unpaid contract balances owed to contractors or subcontractors for completed and accepted work
• Consequential damages such as lost business income, temporary relocation costs, or emergency repairs

Frequently Asked Questions

How long do I have to file a mechanic's lien?

Deadlines vary by state but typically range from 60 to 180 days after last furnishing labor or materials. Missing this window means losing your lien rights entirely, so acting quickly matters. Some states also require a preliminary notice before any lien can be filed.

Who is responsible for construction defects — the builder or the subcontractor?

Property owners can generally sue the general contractor, who then brings claims against responsible subcontractors through a process called indemnification. Many states also allow direct claims against subcontractors. Contract language and state law together determine how liability gets allocated among the parties.