Understanding Construction Litigation: A Comprehensive Guide

Welcome to Nan Inc Construction’s insightful exploration of construction litigation. This area of law, while complex, is critical for industry professionals and stakeholders alike. In this extensive guide, we’ll demystify what construction litigation entails, its common causes, and the process it involves, ensuring you have a robust understanding of this essential aspect of the construction world.

1. Defining Construction Litigation

Construction litigation is a specialized legal field focused on resolving disputes arising during or after the completion of construction projects. These disputes, which are civil rather than criminal in nature, can encompass a range of issues like construction defects, non-payment, injuries, or even wrongful death. The litigation process can be costly and time-consuming, prompting many in the industry to prefer arbitration as an alternative dispute resolution method. However, when necessary, litigation stands as a vital recourse for addressing grievances.

2. Common Types of Construction Disputes

Several types of disputes frequently lead to construction litigation:

  • Quality-Related Disputes: These involve issues where the construction does not meet expected standards, potentially due to the use of subpar materials, unskilled labor, or incomplete essential construction elements.
  • Nonpayment: Contractors may resort to legal action, such as filing a mechanic’s lien, when payment for completed work is withheld.
  • Injuries: Liability in construction-related injuries can be a complex matter, often leading to litigation if safety protocols were lacking or if negligence is involved.
  • Mold: Increasingly, litigation in construction also encompasses disputes over mold infestations in buildings, with claims seeking recovery of costs for mold removal.

3. The Parties Involved in Construction Litigation

Construction litigation can involve a variety of parties, each with distinct interests and stakes. These parties typically include contractors, suppliers, developers, engineers, architects, insurance companies, and property owners.

4. Causes of Construction Litigation

Some of the most common causes for litigation in construction include:

  • Negligence: This arises when a party’s carelessness leads to harm or damage, requiring a demonstration of how the failure caused direct harm.
  • Strict Liability: Often used in product liability cases related to construction defects, such as defective building materials causing injury.
  • Breach of Contract: This occurs when there are disagreements over the scope of work or issues with payment terms.

5. The Litigation Process in Construction

The litigation process in construction follows several key stages:

  • Investigation: Collecting documents and witness testimony to build a case.
  • Pleadings: Filing documents with the court, including complaints or answers.
  • Discovery: A formal exchange of information and interviewing of witnesses.
  • Pretrial: Many cases settle during this phase. If not, trial strategies are developed.
  • Trial: Involves jury selection, opening statements, witness questioning, and closing arguments, followed by a determination by the jury or judge.


Construction litigation, while a complex and multifaceted aspect of the construction industry, is an essential process for resolving disputes and ensuring fairness and adherence to standards. By understanding its various facets, parties involved in construction projects can better navigate legal challenges and protect their interests. At Nan Inc Construction, we strive to provide valuable insights into these legal intricacies, contributing to a more informed and adept industry landscape.

ALSO READ: Nan Inc Lawsuits: Unveiling the Legal Landscape of a Hawaiian Construction Giant