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Real Estate Litigation: Construction Law and Litigation
At Bennett & Belfort, P.C., our attorneys litigate both commercial and residential construction law disputes throughout Massachusetts. We evaluate our individual client’s construction law matters thoughtfully, and provide a comprehensive, cost-effective analysis and strategy as soon as possible. While some construction disputes can be resolved effectively in short order, others require aggressive, complex, multi-count litigation.

From defective home improvement project claims to complex, commercial development litigation and insurance disputes, Bennett & Belfort, P.C. represents architects, engineers, general contractors, subcontractors and homeowners in a variety of construction litigation issues.

Some construction disputes arise from allegations by the commercial property owner or homeowner that a general contractor (or one or more of the subcontractors) defectively or negligently constructed element(s) of a project. Defective workmanship claims often require expert opinion and our construction law teams work with a variety of well-qualified construction experts. Construction disputes can “snowball” if a general contractor suspends payment to subcontractors, which can lead to work stoppages and multi-party claims, counter-claims and cross-claims.

Our construction attorneys are familiar with the nuances of the Mechanic’s Lien statute, Massachusetts General Laws, Chapter 254, et. seq. Contractors and/or subcontractors frequently file mechanic’s liens against real property, in order to obtain security for payments owed or claimed. The Massachusetts Mechanic’s Lien law requires strict compliance with technical procedures in order to properly apply liens. Liens may be dissolved or rendered unenforceable if improperly perfected.

Many construction disputes can be avoided or limited in scope if the parties enter into a carefully drafted comprehensive contract outlining key terms, including: how to handle construction delays; disputes: change orders; payment terms; and dispute resolution terms, such as arbitration. Indeed, certain residential home improvement contracts must contain certain essential provisions in compliance with the Massachusetts Home Improvement Contractor Statute (M.G.L. c.142A). This law contains numerous technical requirements that must be adhered to by the contractor. In addition to potential criminal liability, failure to comply with the Massachusetts Home Improvement Contractor laws can lead to potential individual liability for a contractor, plus multiple damages and attorneys’ fees, pursuant to the Massachusetts Consumer Protection Statute (M.G.L. c.93A).

Bennett & Belfort, P.C. represents property owners and contractors in all types of construction litigation matters. If you have a construction law issue to discuss with our attorneys, please call 617.577.8800 x203 and ask to speak to Todd Bennett or e-mail: tbennett@bennettandbelfort.com.