Construction Law

Construction litigation is a unique area of law that requires specific experience and technical expertise. The types of legal disputes that arise before, during and after construction can be highly nuanced. At Thurman, Wilson, Boutwell & Galvin P.A., our construction attorneys represent homeowners, builders, contractors, and developers in residential and commercial contexts in Charlotte and the surrounding areas.

If you find yourself in the middle of a construction dispute, you need an attorney well versed in lien law, construction contracts, geotechnical issues, insurance issues, design disputes, and engineering analysis. Our firm has years of experience in this context and one of our attorneys was an engineer. You can be confident that we will be able to protect your interests whether it is holding a contractor to the terms of the contract or defending your company against claims for breach or negligent construction.

Construction disputes can arise at various stages of the design and/or building process, beginning with the drafting of the construction contract for the builder or homeowner, to lot selection and grading, to construction loan draw issues and the quality of the contractor’s work, to engaging experts to help solve foundation, framing, plumbing and water intrusion problems, to final payment issues and liens, and to remediation of work performed.

This area of litigation requires a good working relationship with expert engineers and licensed professionals. It also frequently requires express familiarity with the right mediators and arbitrators that will help resolve the dispute fairly. We have been developing those relationships for decades, and our expertise here often allows us to jump in with a prompt analysis and demand to resolve the dispute quickly so as to minimize further delays in the process.

There may be times when a lien needs to be filed on behalf of a general contractor or subcontractor. In North Carolina, the Claim of Lien on Real Property must be filed within 120 days after the last furnishing of labor or materials, and the lawsuit to enforce the Lien must be filed within 180 days after the last furnishing of labor or materials. Regardless of whether a lien is filed, there may be occasions where protracted litigation becomes necessary to resolve the construction dispute, and you will need attorneys who know how to translate often complex construction defects and intricate contractual issues to a judge and jury who are otherwise unfamiliar with these matters. At Thurman, Wilson, Boutwell & Galvin P.A., we pride ourselves in both our technical knowledge and our ability to present these matters to a Judge and/or juror.

Often, it is the fact that we are not solely construction litigators that allows us to be of the greatest assistance in construction disputes. Our expertise in real estate litigation allows us to spot related issues in title work, deed descriptions, easement agreements, and other related matters that go beyond the construction itself. Likewise, the fact that we both draft construction agreements and litigate them helps us to identify vulnerabilities that would otherwise go unnoticed. Additionally, our experience in helping contractors and developers start and develop their business, draft transaction documents for development deals, and navigate general compliance and business issues gives us a very practical perspective that helps us resolve issues early while seeking to avoid the costs and delays of litigation that often only benefit the litigators.

If you find yourself in need of a construction litigation attorney, you need to be confident that your counsel is well versed in the wide array of issues and solutions that arise in construction. You need to trust that your litigation counsel is not simply a “hammer” looking for the “nail” of protracted litigation unless it is absolutely necessary.

For a construction litigation case, let the construction lawyers of Thurman, Wilson, Boutwell & Galvin P.A. help. Call us today at (704) 377-4164 or submit our online form.