Construction Litigation

Construction litigation in Boston and throughout Massachusetts often occurs as a result of contract disputes or disagreements between two or more parties involved in a construction project. These litigation issues can affect homeowners, property developers, property owners, contractors, subcontractors, architects, engineers, municipalities and a variety of other parties. Construction lawsuits, when not handled properly, can significantly delay construction, lead to financial losses, and hurt businesses.

Get Information on Construction Litigation

Calabrese Law Associates offers legal representation in construction law cases. Our approach to construction litigation in Boston and throughout Massachusetts means we will put your interests and needs first, whether you are seeking a negotiated agreement, contractor litigation, or another remedy. Contact us at Calabrese Law Associates to work with industry-leading construction attorneys. 

Table of Contents:

• Breach of Contract
• Mechanic’s Lien
• Unjust Enrichment
• Quantum Meruit
• Fraud
• Building Code Violations
• Do You Need Legal Assistance for Litigation? 

Construction Litigation Disputes

Construction litigation may arise in many forms, including the following:

1. Breach of Contract

Parties engaged in construction typically bind themselves with a contract. The written or oral agreement must constitute legally enforceable terms and conditions that specify each party’s obligations, duties, rights, and liabilities. The terms of the contract may vary depending on its purpose. For example, the agreement between a client and contractor may differ from an agreement between a general contractor and subcontractors. The contract serves as evidence of the construction arrangements and sets out clearly what the parties have agreed. 

One of the most common construction litigation claims is for breach of contract, which comes up when one party has violated the terms and conditions of a construction contract. Whether such a violation occurs because of construction delays, violations of building codes, material failures, or other issues, breach of contract disputes can be complex. The construction litigation lawyer you choose must have a strong knowledge of contract law and construction law.

2. Mechanic’s Lien

Construction projects may involve multiple parties, depending on the circumstances of each case. A classic example is when general contractors partner with subcontractors to perform a specified task, whether providing a service or supplying materials. The relationship between these parties is usually governed by a contract that entitles an innocent party to claim against a breaching party. For instance, subcontractors may claim payment for the services rendered or goods supplied when they perform their duties as expected. 

A contractor who supplies labor or materials at a property may place a lien on the property if unpaid. This lien works as a security, the way a mortgage does. The ability of a contractor to file a mechanic’s lien is limited by Massachusetts law in terms of the deadline to record the appropriate documentation at the registry of deeds and file a complaint with the appropriate state court. 

If the contractor does not pay the subcontractor, the subcontractor may file a lien on the subject property, potentially subjecting the property owner to litigation to resolve the matter. Collection and nonpayment issues can quickly become complex, partly because many parties are involved.

3. Unjust Enrichment

Construction disputes may arise when a party is enriched at the expense of another in an unjust manner, like an all-work-and-no-pay scenario. The affected party may sue for restitution irrespective of wrongdoing on the part of the recipient. An action for unjust enrichment may suffice in the absence of a direct contract, unlike in the case of a breach of contract and mechanic’s lien, but it requires the plaintiff to prove the following elements:

1. They provided something of value or conferred a benefit unto the defendant with an expectation to receive compensation.
2. The defendant accepted the value and benefitted from it.
3. It would be inequitable to permit the defendant to retain the benefit without compensating the plaintiff.

4. Quantum Meruit

Quantum meruit is a Latin phrase for “for what it is worth.” The doctrine infers a promise to pay a reasonable amount for materials and labor provided, even without a legally enforceable contract. Contrary to unjust enrichment, a quantum meruit claim generally requires some form of acceptance from the party receiving the benefit. In other words, a claim for quantum meruit is based on expectations between the parties. Again under quantum meruit, the court awards damages based on the reasonable value of the service rendered.

5. Fraud

The law requires people to act in good faith and make complete and honest representations to each other. This promotes fair transactions and negotiations, facilitates operations, and ensures all parties receive what they bargained for. The reality, however, is that developers, owners, contractors, and other parties sometimes encounter construction fraud, which may cause significant losses. 

Here are some common construction fraud schemes:

1. A person poses as a “contractor” and promises to provide work, asks for a down payment, and never provides any work after receiving the down payment.
2. A person poses as a “contractor” by using a false business entity name, promises to provide work, and asks for a down payment. After receiving the down payment, they have someone else unknown to the homeowner commence work on the project without complying with the applicable laws, regulations, zoning code, or building code. The property owner is saddled with additional costs to correct the work and complete the project. Their ability to collect damages from the “contractor” is hindered by using the false entity and the potential inability to identify the “contractor.”
3. A contractor promises to provide work, asks for a down payment, and commences work on the project. The contractor then claims to have insufficient funds to proceed with the project. At that point, the contractor either abandons the job, keeps all down payment, or receives further payments. The contractor uses the security deposits from one project to fund other projects, similar to a “Ponzi Scheme” — new monies are used to pay prior obligations, debts, and material costs.
4. A contractor promises to replace or remove building materials and, in fact, does not. After that, the property owner or developer is billed for work not performed.

6. Building Code Violation

The Massachusetts State Building Code establishes the minimum construction and other service standards and is designed to protect the safety and welfare of the public. It comprises a series of international model codes, and the Board of Building Regulations and Standards (BBRS)’s adopted state-specific amendments. 

Property owners building or remodeling their homes, condominiums, and other real properties may discover that contractors failed to comply with the code’s requirements, resulting in unexpected, expensive, and time-consuming repairs and additional work. Property owners may sue the contractor in a construction lawsuit to recover damages.

When Construction Litigation Representation Is Necessary

Construction litigation lawyers assess whether you have a legal claim to pursue and choose the proper cause of action for your disputes. This is crucial because it helps you avoid making wrong decisions that can harm your case and saddle you with significant costs. Construction litigation lawyers also assist you through each litigation phase, including interviewing witnesses, requesting documents, keeping track of deadlines, and filing relevant court processes. Where an opportunity for settlement arises during the trial, your attorney can help you make an informed decision and negotiate on your behalf.

Getting Advocacy for Your Construction Litigation Case in Boston

Not two Boston construction litigation cases are the same. Construction litigation cases require legal representation at the negotiating table or in court to protect your interests. If you feel your interests are being threatened or your rights are being violated, it’s important to act fast and to contact the experienced construction attorneys at Calabrese Law Associates as soon as possible.

What Is Our Experience in Construction Law?

Our firm’s construction trial attorneys in Boston, Massachusetts can review the situation and your claim, tell you whether you have a case and offer advice and support as you try to resolve the issue. Even with the best written contract, disputes and litigation can arise. When they do, an experienced construction attorney can be a powerful asset on your side.

We have worked on construction litigation issues arising from disputes regarding commercial property, industrial real estate, residential homes and more. We have worked with property developers, homeowners, homeowners’ associations, municipalities and a range of parties.

We understand the unique concerns in construction dispute issues, and we work with engineers as well as other professionals to prove your claim. Contact us today if we can be a source of support and representation for your construction litigation.

Contact Our Construction Litigation Attorneys at Calabrese Law Associates

 Calabrese Law Associates is dedicated to construction, business contracts, and related practice areas. If you’re looking for a construction trial attorney in Boston, Massachusetts, or the surrounding area, contact us for a free consultation!

This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.

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