We will analyze construction claims and construction disputes to assist clients in managing and resolving project issues throughout South Carolina. From identifying liability to assessing damages, we are able to address claims no matter what stage of the dispute.

At Nitkewicz & McMahon, LLP we understand that contract bidding is a complex process that requires owners, contractors, and design professionals to provide detailed information about a project in order to reasonably estimate the costs associated with South Carolina building projects. However, changes after bids have been submitted often result in significant discrepancies between project bids and project budget costs, and are a frequent cause of construction litigation.

Changes in the scope of a project can result in significant cost increases for contractors, sub-contractors, and owners. Our construction law attorneys have an in-depth understanding of the complex issues associated with changes in the scope of a project and change orders, including:

• Constructive and formal change orders
• Delay claims
• Equitable adjustments
• Acceleration claims
• Differing site conditions
• Loss of efficiency claims
• Cardinal changes and abandonment claims
• Force majeure claims
• Liquidated damages

The role of experts in a construction dispute cannot be overemphasized. Determining whether or not a contractor built the project to specification, whether an architect or engineer properly designed such specifications, or whether an owner made post-bid demands inconsistent with the construction contract specs, usually requires expert testimony. Putting together a team of qualified experts to prosecute or defend a construction dispute can make the difference in winning or losing such a case. We will work with our clients to get the best experts needed.

New York has a statute of limitations and a statute of repose which can affect defective construction related claims. The statute of repose has recently been amended, and any construction claim should be analyzed to determine the applicability of the proper statutory limitations on such a claim.

Many different legal issues can arise in a construction case, including but not limited to, those relating to express warranties, implied warranties of merchantability, fitness for a particular purpose and habitability, agency, breach of contract, general negligence, comparative and third-party negligence, unfair trade practices act, joint and several liability, arbitration clauses, choice of law clauses, choice of venue and forum clauses, contractual and equitable indemnification, product liability, insurance coverage, Contract Disputes Act, contribution, uniform commercial code, payment and performance bonds, professional negligence, spoliation, and mitigation of damages. We are prepared to address all such issues in a professional manner and to vigorously assert legal theories beneficial to our clients.

Please contact the construction dispute lawyers of Nitkewicz & McMahon, LLP to prosecute or defend your construction related claims.