Construction Litigation

Construction Disputes

Construction disputes can threaten business interests and be incredibly costly for all those involved, from general contractors and owners, to suppliers and other construction professionals. No one can afford to allow a dispute, especially one due to non-payment, to negatively affect their business, so reaching viable resolutions efficiently is imperative to the success of any construction business, should issues arise. The attorneys at Loftus & Eisenberg are experienced across all construction-related issues as they spent years at well-respected construction law boutiques and construction law departments across the Chicagoland area, acting as trusted advisors to contractors, owners, engineers, and architects effectively handling the legal complexities of construction-related disputes.

Construction litigation is often a result from conflicts due to environmental and regulatory compliance, compensation, insurance, employee claims, business operations, governmental permits, employee claims, and mechanics liens. The team’s capabilities cover all areas of construction law disputes, and not only can they help resolve disputes during and after project completion, but also assist with drafting construction contracts at the outset of projects, ensuring conflicts do not arise, and if they do, your business interests are protected. Some of the most common construction disputes are:

• Breach of Contract claims in the construction arena are often more complex than the average breach of contract disputes as they regularly involve multi-faceted construction contracts, specifications, project plans, change orders, back charges, mechanics liens, and defects and delays and it is imperative to have solid legal representation to assist in navigating intricate industry business to obtain favorable results.

• Mechanics Liens claims which require profound understanding of the Illinois Mechanics Lien Act as well as thorough attention to detail in order to resolve. As written, the complexity of the act can lead to numerous pitfalls for unsuspecting contractors. The attorneys at Loftus & Eisenberg have considerable years of experience both drafting and foreclosing mechanics liens as well as defending against them and by having extensive experience on both sides, are distinctively prepared to advise of statutory rights and how best to protect and enforce them.

• Design Defects and Construction Defects claims entail constant and comprehensible communication between a client, an attorney, and possibly an expert. Due to this, it is imperative that clients have legal representation that fluidly speak the intricate language of construction to ensure issues are accurately depicted to experts and the right questions asked.

• Delay Claims require a profound comprehension of the construction process from the beginning to end. Likewise, communication with industry experts is imperative and the Loftus & Eisenberg team’s experience is instrumental in that regard.

Property owners wo are negatively affected by a contractor’s failure to deliver may be able to recover tangible damages and in some cases with interest, appraisal fees, loss of employment and use, storage charges, reasonable cost of rental or similar property, depending on the circumstances and the causes of action proven. In some contexts, fraud for example, exemplary or punitive damages that penalize a defendant and deter similar malicious future conduct may also be bestowed. Taking immediate action to ensure that your rights are protected, disputes are addressed and resolved efficiently and effectively, and your business is paid what is owed is what the attorneys at Loftus & Eisenberg can do help you protect your business and recover any losses.

Public Adjusters

The business trial attorneys at Loftus & Eisenberg also have in-house and other actual experience assisting public adjusters circumnavigate other issues with property and casualty insurance. The team can assist public adjusters in providing strategies for overseeing the challenging claims process, negotiating with insurance companies, and helping to increase the scope of claims. Let the effective business lawyers at Loftus & Eisenberg resolve issues of matching, overhead and profit, and the intricacies of the appraisal process. Insurance companies certainly have their powerhouse legal teams behind them and public adjusters should too.