When a major construction project goes wrong, the fallout can be complex and financially devastating. From multi-million dollar commercial builds to residential renovations, disputes can arise at every stage. If you’re facing one of these challenges, you might hear a variety of legal terms, including “civil litigation” and “construction litigation.” While they sound different, one is a specialized subset of the other.

As a law office with deep experience in civil litigation, we understand that construction disputes require a unique combination of legal knowledge and industry-specific expertise. Here’s a breakdown of how these two areas of law are connected and why having a specialist on your side is critical.

What is Civil Litigation?

At its core, civil litigation refers to the legal process of resolving disputes between two or more parties that are not criminal in nature. This broad area of law covers a wide range of

issues, including:

• Breach of Contract: A party fails to fulfill their obligations under a legally binding agreement.
• Personal Injury: An individual is physically or emotionally harmed due to another’s negligence.
• Property Disputes: Conflicts over property ownership, boundaries, or use.
• Business Disputes: Conflicts between companies or business partners.

The goal of civil litigation is typically to award compensation, enforce a contract, or issue an injunction rather than to imprison or punish. Most legal disputes you hear about that don’t involve a crime fall under the umbrella of civil litigation.

What is Construction Litigation?

Construction litigation is a highly specialized field of civil litigation focused exclusively on disputes that arise from construction projects. These cases involve a complex web of contracts, regulations, and technical specifications, often with multiple parties at odds including owners, contractors, subcontractors, architects, and suppliers.

Common examples of construction litigation include:

• Payment Disputes: Disagreements over payments, change orders, or unpaid invoices.
• Breach of Contract: A party fails to adhere to the terms of the construction contract, such as not meeting a deadline or using incorrect materials.
• Construction Defects: Disputes arising from defective design, faulty workmanship, or the use of substandard materials that result in structural or aesthetic problems.
• Delay Claims: Lawsuits filed due to project delays that cause financial losses for one or more parties.
• Mechanic’s Liens: A legal claim placed on a property by a contractor or supplier who has not been paid for their work or materials.

The Relationship: Construction Litigation is a Civil Matter

The key takeaway is that construction litigation is civil litigation. When a dispute over a construction project cannot be resolved through negotiation, mediation, or arbitration, it can escalate into a formal lawsuit. At this point, the case becomes part of the civil court system. All the procedural rules, discovery processes, and trial procedures that apply to a general civil case also apply to a construction dispute.

However, the reverse is not true. A civil litigator may not have the specific knowledge required to handle a complex construction case. This is where the distinction becomes crucial.

Why Specialized Knowledge is Essential

While a general civil litigator can represent you in court, an attorney with specific experience in construction litigation brings a unique advantage. They are not just familiar with the law; they are fluent in the language of the industry, including:

• Complex Contractual Language: Understanding the intricacies of AIA, Consensus Docs, and other standard construction contracts.
• Technical Evidence: Interpreting blueprints, engineering reports, and architectural designs to build a strong case.
• Industry Standards and Regulations: Knowing the building codes, safety regulations, and standard practices that govern a project.

Hiring a firm that specializes in both civil and construction litigation ensures your legal team is prepared to handle the unique challenges of your case, from the initial contract review all the way through a potential trial.

Contact Us for Your Construction Dispute

Whether you are a property owner, a general contractor, or a subcontractor, a dispute can threaten your project and your bottom line. At Weiner, Shearouse, Weitz, Greenberg & Shawe, LLP, we have a proven track record of successfully navigating the complexities of civil litigation, with a specialized focus on the construction industry.

If you are facing a construction dispute and need an attorney who understands both the law and the industry, contact us today for a consultation. We are here to help you protect your rights and find an effective resolution.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Contact us for advice regarding your individual situation.