Construction projects in Georgia can be complicated. Between contractors, subcontractors, suppliers, and property owners, there are a lot of moving parts — and when something slips, it usually doesn’t end quietly. More often than not, it ends in litigation. Disputes over payment, project delays, or defective work can quickly escalate into costly legal battles. Understanding how these conflicts arise and how the law addresses them is key to protecting your rights and your investment.
Our team at Reed Leeper, P.C. discusses some of the most common construction disputes that bring people to court and practical steps to prevent them from exploding into full-blown lawsuits.
1. Payment and Non-Payment Claims
The number one cause of construction litigation? Money. Contractors sue to recover unpaid invoices, while owners countersue, claiming the work was late or defective. Subcontractors often get caught in the crossfire.
Litigation tip: Payment disputes often hinge on whether the contract terms were clear. A written agreement with a detailed payment schedule (and using mechanic’s liens where necessary) can make or break your case.
2. Defective Construction
Claims of poor workmanship or use of substandard materials can leave you open to defective construction claims and lead to expensive lawsuits. Owners want repairs or damages, contractors argue the work met the agreed-upon standards, and judges end up deciding who’s right.
Litigation tip: Documentation is everything. Photos, inspection reports, and expert testimony can make the difference in proving or defending against defect claims.
3. Delay Claims
Construction projects rarely finish exactly on schedule. But when delays cause financial loss, litigation is almost guaranteed. Owners may seek damages for lost revenue, while contractors point to weather, supply shortages, or client-caused changes.
Litigation tip: Delay claims come down to causation. Contracts with clear “force majeure” — a provision in a contract that frees one or both parties from their duties if an extraordinary event occurs — and scheduling provisions give you a stronger footing if a dispute lands you in court.
4. Change Order Disputes
Change orders are fertile ground for lawsuits. If extra work is performed without signed documentation, contractors fight to get paid while owners insist they never approved the expense.
Litigation tip: Courts look for paper trails. Signed, dated change orders are the strongest defense against “he said, she said” battles.
5. Breach of Contract
Almost every construction litigation case boils down to an alleged breach of contract, where one side claims the other failed to live up to the agreement. This could involve missed deadlines, non-payment, or ignoring project specifications.
Litigation tip: A well-drafted contract is your best shield. Without it, you’re walking into court with no armor.
Avoiding the Showdown with a Skilled Construction Litigation Attorney
Not every dispute has to turn into a courtroom slugfest. Strong contracts, regular communication, and early involvement of a construction litigation attorney can often resolve issues before they escalate. However, if things do escalate to a lawsuit, Reed Leeper, P.C., is prepared to represent you, building a strong case based on the facts.
In construction litigation, we represent contractors, subcontractors, and property owners in Marietta and across Georgia. We even help you collect unpaid invoices, as your dedicated commercial collections attorneys. Whether you’re already facing a lawsuit or want to reduce the risk of one, we can help protect your business and your bottom line.
Contact us today to discuss your construction dispute.