Construction Law

June 12, 2013 By Wesley Jones

Lawsuit for Unfinished Work

Whether it’s for a new home, an addition or renovation, hiring a contractor is an exciting step. Homeowners are often so thrilled and anxious about the proposed project that they may get a little careless. Before committing to the job, find a licensed contractor and always check a minimum of three references. Discuss with the contractor that the total fee will only be paid in full when the job is completed to your satisfaction. Taking those steps will hopefully prevent a situation known in legal terms as “project abandonment,” which is when a contractor wrongfully ceases working and leaves the project.

If you feel that you have done your homework and hired the right person for the job, be aware that circumstances might change during your project. Stay on top of things and pay attention if the subcontractors seem disgruntled or complain about not being paid. Communicate with the contractor about completion deadlines so you will be in the know. Should the contractor walk off the job before it is finished; there are steps the homeowner can take:

1. Communicate in writing with the contractor that he or she is breaching the agreement made with you by not finishing the work. Ask why the work ceased and offer them an opportunity to explain their situation, in case unforeseen complications arose during the project. Give them a deadline to finish the job and let them know you will hire another crew if they are unable to complete the task. Also mention that legal action may be the next step if they fail to complete the project. Always make a copy of this request, use a notarized document and certified mail so you can prove the letter was received.

2. Report the activity to local organizations such as the Home Builders Association or Contractor’s Licensing Board.

Because of a variety of legal and liability issues plus how the status of the homeowner’s insurance policy may be affected, it is best to contact a construction attorney when things are not resolved. It is a basic rule in construction law that a contractor’s or subcontractor’s wrongful abandonment of work is a material breach of contract, giving rise to a breach of contract claim for damages sustained in completing or correcting the abandoning contractor’s scope of work.

In the Greater Wilmington area, Wes Scott Jones is an attorney who is equipped to handle these types of problems. When you contract the services of Attorney Wesley Jones, his role will be to help you plot a course of action so there will be smooth sailing and no surprises. Learn more here: Construction Law Litigation

To contact the office of Wesley Scott Jones directly, please call 910-256-5800.

April 8, 2013 By Wesley Jones

Defective Workmanship or Design

As builders in New Hanover County continue to see increased activity on the construction front, those in the industry can also expect to see more potential lawsuits alleging defective design and workmanship. Local attorney, Wes Jones is skilled in addressing this area of construction claim. Since 1994, Wes has represented Wilmington, NC clients in the construction and real estate business, including architects, developers, designers, general contractors, subcontractors, and material manufacturers.

In considering counsel by Attorney Jones, consider that he has extensive experience in working with insurers, multiple parties, individual homeowners, and community associations. Wes has handled numerous cases involving a variety of complex construction and design issues such as, infrastructure problems, defective building materials, water damage as a result of alleged construction or design defects, and mold concerns.

“If something can go wrong it probably will.” With all of the steps and complex components required for even the most simple projects, it does seem that the aforementioned “Murphy’s Law” was written especially for those involved in the phases of construction and design. Of course no one in the business ever sets out to become the subject of a defective workmanship controversy. However, piece of mind is knowing that should you find yourself in such a situation, Attorney Wes Jones can help. Should problems arise, Jones urges any parties involved to first try and resolve the situation amicably on their own. If that does not work, dispute resolutions of this type are one of his specialties.

Upon choosing Wes for your dispute, he will evaluate your case and consider any and all viable strategies for resolving the matter to your satisfaction. Wes also works with HVAC installers, brick masons, electricians, and plumbers. Learn more about his experience with Construction Law in Wilmington, NC.

If you would like to learn more, please contact the office of Wesley Scott Jones: 910-256-5800

March 25, 2013 By Wesley Jones

Litigation Lawyer for Construction Firms in Wilmington, NC

The Wall Street Journal reported in November that home building is on the rise. According to the article, the Dow Jones U.S. Home Construction Index rose around 80% over 2012. As the housing market continues to improve, the uptick in new construction is expected to continue. There was even more encouraging news in a press release from Harvard’s Joint Center for Housing Studies. It was announced in the fall that, “annual homeowner improvement spending is expected to reach double-digit growth in the first half of 2013.”

Although this is all certainly good news, anyone involved in the business of construction knows there is a great deal involved in building or remodeling a home. As building activity picks up in the Wilmington area, those in the housing industry will want to safeguard their interests and protect themselves from possible disputes that could arise. As a Construction Law Litigator, Attorney Wesley Scott Jones is available to assist clients with a variety of scenarios that builders, contractors, design professionals, suppliers, and owners are often challenged with. In addition to residential cases, Wes is also able to take on cases relating to commercial and government projects.

Due to the detailed nature of construction, remodeling, and home building, it is a good idea to retain legal counsel as a preventative measure. Attorney Jones can guide you through the initial stages of contract preparation so you’ll begin each project on the right foot. Since there are also typical pitfalls that can besiege even the most simple construction project, Wes uses his experience and offers attention to detail on tasks like investigating and negotiating issues such as disruption claims, negligence, and defective workmanship. Wes tackles these cases by evaluating each aspect of the project. Regardless of how large or small the task at hand is, it typically involves these basic topics:

The range of work that the parties involved agreed to
The documents set forth that explain the project and work it will entail
How the contractor, designer, or supplier will be reimbursed
How the owner will be guaranteed that the builders are doing their work properly and to code
How any problems with the above-mentioned areas be handled

When you contract the services of Attorney Wesley Jones, his role will be to help you plot a course of action so there will be smooth sailing and no surprises. Learn more here: wsjlaw.com/practice-areas-and-services/construction-law-litigation/. To contact the office of Wesley Scott Jones directly, simply call 919-256-5800.