Representing Clients for Building Material Practice and Disputes
The construction industry faces a variety of legal obstacles and challenges regarding the procurement of building materials. Material supply contracts set the expectations between a business and an external supplier for the delivery of products. Those contracts should specify the materials to be supplied, the cost, and the delivery terms. Factors such as an acceptable timeframe, payment terms, acceptance criteria, insurance to cover the risk of loss, warranty information, and breach of contract procedures should be included in contracts for all parties’ protection. Whether it is negotiating with manufacturers regarding contract terms, or collecting what is owed to suppliers for materials, the business and construction attorneys at Mateer & Harbert are here to help.
Common Scenarios in Building Materials Disputes are:
- Failure to deliver materials in the timeframe as specified in the contract can have a significant financial impact on a general contractor. In assigning liability in a dispute, there must be consideration of the cause of the delay.
- There are excusable and inexcusable delays. Excusable delays include unforeseeable circumstances such as severe weather, material procurement issues, or labor shortages. Other reasons for delays may be due to the owner requesting a change order, a design change, or needed replacement due to damaged materials. Inexcusable delays are negligent acts that are foreseeable but not addressed. For delays caused by the material supplier’s concurrent actions, multiple parties can be found liable.
- Substandard building materials cause failures in structures and have the potential to cause severe damages. Examples are water leaks and subsequent indirect damages, risk of electrical fires, rust, and erosion.
- Substandard manufacturing or damages during the transport and delivery of materials can be the cause of defective work.
- Building material failure can result from the general contractor ordering the wrong products or not following the manufacturer’s installation instructions.
- Non-payment of a material supplier can cause a construction project’s delay or cease operations if the demands for payment are unanswered. If the payment issue is not resolved, a material supplier can place a construction lien on a property.
Mateer & Harbert Offers Aggressive Representation in Construction Disputes
Our construction lawyers have industry-wide experience representing wholesalers and retailers in the construction industry. We frequently speak on industry issues, including Florida’s complex and often-confusing construction lien law, which is a valuable tool for material suppliers to recover delinquent accounts. If a client’s customer ends up in bankruptcy, we can guide them through the process. We offer advice and direction on the appropriate business structures and help put them in place. We assist clients with simple and complex corporate transactions so that our clients’ companies can grow and prosper. In courtroom litigation, we arrange testimonies by expert witnesses regarding industry standards to strengthen our legal arguments.
Our firm’s lawyers have extensive business and litigation experience, representing clients in many different industries. Located in Orlando, Mateer & Harbert serves clients throughout Florida. We also serve our clients’ interests outside of Florida through strategic relationships we have formed with law firms across the United States.
For more information regarding building materials law, contact Mateer & Harbert at 407-425-9044.