Conliffe, Sandmann & Sullivan | Louisville, Kentucky

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Conliffe, Sandmann & Sullivan | Louisville, Kentucky

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Construction Is Booming In Kentucky And So Is Construction Litigation

Kentucky’s economy is currently experiencing robust growth. A construction surge in both commercial and residential sectors is occurring as urban areas expand and new businesses emerge. The state is seeing substantial investments in manufacturing that are driving the need for extensive construction and infrastructure development. While this trend is contributing to a vibrant and dynamic construction industry in Kentucky, it is also part of a growing need for construction litigation relating to building and construction projects. These can include contract disputes, negligence claims, defects in construction, delays and issues related to payment, as well as regulatory compliance matters.

At Conliffe, Sandmann & Sullivan, PLLC, our Louisville construction litigation lawyers are highly skilled in all types of construction litigation matters, on both sides of the courtroom. Drawing from more than 50 years of combined legal knowledge, our construction law attorneys have experience working with plaintiffs and defendants. We help clients navigate disputes efficiently. We represent construction and remodeling firms, subcontractors, design professionals, material suppliers, developers, lenders, surety providers, commercial property owners and homeowners in Kentucky and neighboring areas of Indiana and Ohio.

Experience With Construction And Development Projects Big And Small

For smaller home improvement or remodeling projects from about the $30,000 range, disputes often involve contract terms, quality of work or payment issues with individual contractors. The cost of litigation may lead parties to seek alternative dispute resolutions such as mediation or arbitration.

Larger construction projects up to $50 million and over usually involve more complex contracts and a greater number of stakeholders, increasing the potential for disputes. Issues might include large-scale defects, significant delays or complex regulatory compliance challenges. These cases can involve substantial legal proceedings and significant financial stakes.

How Long Will A Construction Lawsuit Take?

Construction lawsuits can take anywhere from several months to a few years to resolve. The duration of a construction lawsuit will be based on the facts surrounding the case, such as how many parties are involved and the court’s schedule. Sometimes, the duration can be shorter if the dispute settles out of court.

How Do I Sue A Contractor In Kentucky?

The first step is to collect all relevant documents, such as contracts, correspondence, invoices and any evidence of the contractor’s work in dispute. The next step is to consult with an experienced construction law attorney to discuss the merits of your case and the legal process.

If you engage a lawyer to help you, your lawyer will attempt to resolve the dispute through negotiation or mediation. If resolution efforts fail, you can file a complaint in the appropriate Kentucky court. The complaint should detail your claims and the relief you seek. The contractor will need to be properly served with the complaint for the lawsuit. The litigation process will include discovery, pretrial motions and potentially a trial.

What Is A “Lien” In Construction?

A “lien” in construction, usually refers to a mechanic’s lien. Mechanic’s liens, also known as construction liens, are legal claims against a property filed by those who have not been paid for the materials or work they provided. This includes contractors, subcontractors or suppliers. In Kentucky, the process and enforcement of mechanic’s liens usually include:

  • Filing a lien: To file a mechanic’s lien in Kentucky, the claimant must provide a statement of the amount due and the nature of the work or materials provided. This must be filed with the county clerk in the county where the property is located.
  • Deadlines: The lien must be filed within six months after the last day labor or materials were provided. It’s crucial to adhere to this timeline to preserve lien rights.
  • Enforcement: If the lien is not satisfied, the claimant can initiate a lawsuit to enforce the lien. This must typically be done within one year of the lien filing.
  • Priority and impact: Mechanic’s liens can take priority over other claims on the property, such as mortgages, depending on when they are filed. They can complicate property sales or refinancing until resolved.

For detailed legal advice and assistance, it is always best to consult with a licensed attorney familiar with Kentucky construction law.

Protect Your Investment: Contact Us Today

At Conliffe, Sandmann & Sullivan PLLC, our lawyers have represented everyone: Owners, general contractors and subcontractors of all types. We can help you to strategize intelligently when it comes to protecting your investments and resolving complicated construction litigation. Call us in Louisville at 502-934-7090 or send an email to discuss your circumstances.