Atlanta Construction Litigation Attorneys

Conoscienti & Ledbetter
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Are you in need of the services of Atlanta construction litigation attorneys? Contact Conoscienti and Ledbetter today for a full case review.

Blake Ledbetter Atlanta AttorneyAuthor: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter

Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on February 13, 2024.

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Conoscienti & Ledbetter: Your

Atlanta Construction Litigation Lawyers

Numerous construction projects are always underway in the vibrant city of Atlanta. Managing these projects requires meticulous attention to detail and a complex network of contracts, expectations, and responsibilities. While most projects are completed successfully without major disputes, there are instances when disagreements escalate, necessitating legal assistance.

Construction defects can arise in various single- and multi-unit dwellings, even after completion. These defects may include water intrusion, foundation sinking, and structural flaws. In severe cases, occupants experience bodily injury. In these situations, legal intervention becomes necessary.

As experienced Atlanta construction litigation attorneys, Conoscienti & Ledbetter have extensive knowledge in handling various construction disputes. Our clientele includes property owners, developers, and architects alike. We understand the intricacies involved in construction litigation and wholeheartedly commit to safeguarding your best interests.

Types Of Construction Disputes 

Construction disputes can arise anytime during construction, from planning to completion. These disputes commonly involve issues such as breach of contract, construction defects, and delays in project completion. Our Atlanta construction litigation attorneys have extensive experience representing clients in construction disputes. 

Breach of Contract

In construction projects, the project owner typically enters into a contract with a general contractor. The general contractor then delegates specific tasks, such as plumbing, electrical, and roofing, to trade contractors. The aggrieved party may seek damages if these parties fail to fulfill their obligations.

A party alleging a breach of contract must demonstrate the existence of a valid contract, a breach of its material terms, and resulting damages. To prove a breach of contract, the party must specify the exact contractual provision violated and show that their losses directly resulted from the failure to comply. Breach of contract claims can arise from failure to perform work as specified in the contract or to compensate a general or subcontractor within the agreed time frame.

Some contracts can include provisions for alternate dispute resolution. Your construction litigation lawyer in Atlanta will review your contract and advise you on the appropriate course of action. 

Negligent Construction

In a claim for negligent construction, it is alleged that the other party fulfilled its contractual obligations but did so improperly. Certain elements must be proven to seek compensation for damages under a negligent construction claim in Georgia. These include demonstrating that a general contractor, subcontractor, or another party had a duty to perform tasks on a project according to the standard of care. It is also necessary to show that this duty was breached and that harm resulted from it. 

Negligent construction encompasses various actions, including: 

  • Non-compliance with building codes

  • Utilization of substandard materials 

  • Disregard for safety protocols during construction 

These oversights can have severe consequences, such as property damage and personal injury. Our negligence accident Lawyer in Atlanta possesses the experience to thoroughly assess the circumstances and determine the most efficient approach to resolving the dispute.

Construction Fraud

Allegations of fraud in home construction or remodeling typically involve intentional acts that cause harm. In Georgia, a construction fraud claim requires demonstrating that a false representation was made to influence a party’s actions. 

The party must also establish justifiable reliance on the representation and prove the resulting damages. Such fraud claims often arise when contractors deceive property owners by promising high-quality materials or specific services, only to abscond with payment after it has been made based on these assurances.

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How a Construction Litigation Attorney in Atlanta Can Help

With a wealth of experience navigating intricate construction disputes, the construction litigation attorneys at Conoscienti & Ledbetter are well-equipped to handle even the most complex cases. Our deep understanding of state and federal laws governing the construction industry allows us to deliver personalized legal services that attend to the needs of our clients. 

Mediation

Construction lawyers provide a vital service by mediating disputes. If you disagree with another party, your construction attorney becomes your first line of defense. While they can represent you in court if necessary, they can also represent you through alternative dispute resolution methods like mediation. 

Mediation is a popular option for certain disputes because it avoids a costly and time-consuming trial. When pursuing mediation or other negotiations, our lawyers will:

  1. Carefully examine and explore the nature of the claim.
  2. Hold meetings with the other party and a neutral mediator.
  3. Bargain with the other party to attain a satisfactory resolution.
  4. Compile all essential documentation, including agreements, to conclude the case.

Allowing your lawyer to represent you in these discussions ensures that the dispute is handled fairly and that your best interests are protected. Your lawyer will inform you about the case’s progress and seek your approval before making any decisions or offers.

Arbitration 

Arbitration clauses have become increasingly common in construction contracts in recent years. While a mediated resolution is determined by agreement between the two parties, an arbitrator will make a final and binding decision. 

Some of our clients have found that the efficient dispute resolution process of arbitration saves them valuable time and money and facilitates finding common ground for compromise and settlement. With our experience in construction arbitration, we can help you fully leverage its advantages. 

Litigation

Despite your best efforts to resolve a dispute through mediation or arbitration, there are instances where litigation becomes necessary to reach a resolution. In such cases, it becomes crucial to have the support of an experienced construction litigation attorney in Atlanta.

At Conoscienti & Ledbetter, our attorneys possess the necessary experience to navigate the complexities of construction law and effectively represent you in court.

Our litigators are experienced in handling:

  • Jury selection;
  • Gathering evidence to build your case;
  • Drafting complaints, answers, motions, and discovery requests;
  • Presenting persuasive arguments before a judge and jury;
  • Skillfully cross-examining witnesses.

With our dedicated team, you can be sure that your legal needs will be met with utmost devotion and competence.

Advocating for Fair Compensation and Remedies

A construction attorney is crucial in advocating for fair compensation and remedies on your behalf. These legal professionals ensure that you are fairly and adequately compensated for any damages or losses resulting from construction-related disputes. With their experience and practical communication skills, an experienced construction lawyer can help negotiate with the opposing party and pursue settlements that accurately reflect the actual value of your losses. 

If a fair resolution cannot be reached, your construction attorney will represent you in litigation, seeking appropriate remedies, including monetary compensation, specific performance, or injunctions. The attorneys at Conoscienti & Ledbetter will go the distance to ensure that your rights are secure and you receive the compensation you deserve. 

 

FAQ

What to Expect During Mediation?

Mediation in construction disputes is a facilitated negotiation process where a neutral mediator assists both parties in reaching a voluntary, mutually beneficial resolution. Unlike a judge or arbitrator, the mediator does not decide the case but helps facilitate discussion and resolution. Expect a less formal setting where both parties can discuss their views and work towards a settlement.

How Does Arbitration Differ from Litigation?

Arbitration is a private dispute resolution process where the disputing parties agree to have their case heard by a neutral arbitrator or arbitration panel. The process is less formal than court litigation and can be faster and less expensive. Unlike litigation, where a judge or jury makes a decision, in arbitration, the arbitrator renders a binding decision that is typically confidential.

Steps to Take If You Suspect Construction Fraud

If you suspect fraud in a construction project, document all evidence of suspected fraudulent activities and contact your legal advisor immediately. An attorney experienced with construction law can help you assess the situation and guide you through the necessary legal steps, which may include forensic audits, filing a complaint with relevant authorities, or initiating litigation to recover damages.

Assert Your Rights: Take the First Step Towards Resolution

Navigating the intricate maze of construction disputes can feel overwhelming, with complex legal terminology, intricate laws, and high stakes. However, these challenges should encourage you to seek the justice and compensation you deserve. 

With a wealth of legal skills and an unwavering commitment to our clients, the Conoscienti & Ledbetter team goes beyond traditional boundaries to provide unparalleled legal assistance. We aim to achieve fair resolutions and utmost satisfaction as we roll up our sleeves to vigorously fight for your rights in the face of construction disputes.

Remember, the journey towards resolution begins with a single step – the decision to assert your rights. Contact Conoscienti & Ledbetter to embark on a path guided by our skilled civil lawyer, leading you toward the legal resolution you deserve.

    Decatur Office

    (404) 328-7276
    315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030

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