Construction Litigation


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Construction litigation entails dealing with disputes between building owners, general contractors, subcontractors, construction managers, manufacturers, design professionals, developers, lenders, sureties and suppliers. Retaining experienced legal representation to assist with proper planning early in the construction process can usually prevent disputes in the process.

McKinley Onua & Associates engages the necessary industry professionals to assist our team of lawyers in drafting contracts and in planning a project’s development. In addition, McKinley Onua & Associates monitors the construction project from inception to completion to quickly eliminate legal issues as they arise.

Construction matters that are brought to our firm with existing contractual conflicts are often settled or quickly resolved. These disputes typically stem from derailed communications between the contractor and the property owner. McKinley Onua & Associates attorneys are extremely skillful at bridging most communication gaps and facilitating settlement resolutions in an expeditious and cost-effective manner.

Frequently Asked Questions

What is a Mechanic’s Lien?

A mechanic’s lien is an interest in the title to property imposed by law for the benefit of those who have supplied labor or materials to property, but who were not compensated as agreed. Any supplier or contractor can put a lien on your property without first going to court. This leaves you with a lien that your lawyer must fight in court to eliminate. McKinley Onua & Associates, LLP are experienced in defending against unscrupulous contractors.

What should I do if I am not paid for construction or other services I have provided to property?

Your attorney should file a mechanic’s lien as soon as the property owner defaults on payment. You can do so without an attorney by going to the County Clerk’s office of your local Supreme Court and file a mechanic’s lien form, which can be purchased online or from a legal bookstore.

What should I do if a contractor is performing poor quality work on my project?

You should inform the contractor, in writing, of the defects and give him an opportunity to make corrections at his expense. In most cases, you must give the contractor an opportunity to correct his errors. If the contractor refuses, then you can terminate him. Make sure you document the defects and the cost to correct the mistakes: you may have to sue the contractor to recover your money.

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