Construction Law
Vaughn & Smith’s Louisville area based construction law attorneys represent a wide range of clients, including the following:
Residential and Commercial Real Property Owners
General Contractors
Subcontractors
Material suppliers
We routinely litigate residential and commercial construction project issues in Louisville and surrounding areas like Oldham, Shelby and Spencer County. This representation includes litigation, arbitration, mediation, negotiating construction agreements, and providing legal counsel before, during and after construction projects.
These disputes typically involve numerous parties and are often fact-intensive. The lawyers at Vaughn & Smith use our experience and construction industry knowledge to resolve the problem in ways that minimize expense and time for our clients.
We believe that one or two experienced construction law attorneys are better than a gaggle of ill-prepared lawyers. By the end of our representation, so will you.
Here are just some of the issues we can handle for you:
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Most new construction comes with a limited warranty. When problems arise, a claim is typically filed. However, this process can be complex and difficult to navigate to the inexperienced.
We often assist the following:
Owners who have discovered a construction defect
Contractors who have received notice of a defect or been sued for a defect
The process often involves:
The original contractor’s contract
The warranty agreement and its claims procedure
The implied warranties
The building code
Statutes of limitation
The statute of frauds
The involvement of local trade organizations
A conciliation procedure
An escrow deposit if funds are in dispute
The builder’s right to repair statute
Mediation
Selection of and use of qualified neutrals
Arbitration
Enforcement of an arbitration award
Court action
We can help you review your rights and prepare the proper strategy for a successful resolution.
The misappropriation of construction funds happens quite often. Rarely does the contractor, at the beginning of the project, plan to misappropriate money. Â However, as the contractor’s personal or professional debts mount, that pool of your money elicits a siren call to desperate ears. Â What starts out as “borrowing” some funds until the next draw or project, can rapidly devolve into outright theft.
We have seen it occur many times. Â And we know the telltale signs, such as the following:
Disgruntled sub-contractors complaining about payment
Request for additional monies before the work has been completed
Bad record-keeping
Phone call avoidance
Unexplained anger
Unfulfilled promises
Unilateral changes that lower the quality of materials or amenities
Threats to “leave” the project
The filing of mechanic’s liens
If this sounds familiar, do not wait to seek legal advice. Â Time is not your friend. Â If you knew there was a burglar in your home, would you give him extra time to rob you? Â No, you would call law enforcement.
While the police probably will not help you with your contractor, we will, and we come armed with years of legal experience. Â We have experience in getting contractors back on track. Â If that can’t happen, we have experience in making them pay you back.
Has this happened to you? Â You hire a contractor and he promises to give you his full and immediate attention. Â However, after you pay him a great deal of money, the project slows to a crawl. Â Workers quit coming, and the contractor won’t answer his phone or he is full of excuses. Â Unfortunately, he has probably abandoned your project.
That may have always been the contractor’s plan, or life’s problems may be overriding his good intentions. Â Regardless, you are left alone with what appears to be few options.
Fortunately, we have experience in situations like this. Â We have tried and correct methods of getting the contractor back to work, getting your money back, or helping you move on with minimum financial loss.
One thing we know for sure; waiting does not work. Â Patience leads to loss.
You need to act swiftly and with determination. Â We can help.
Sure, there are bad contractors out there, but you are not one of them. Â You work hard and provide a quality product. Â Unfortunately, you have not been paid for your work.
You have tried to be reasonable. Â You have tried to communicate, but all your efforts have been rebuffed or ignored. Â Others have told you that is the cost of doing business. Â So, you have waited patiently. Â You think to yourself that maybe you should just move on and forget about it.
Before you do, consider the alternative. Â If they have not responded to your sincere reasonableness, maybe it is time for a different strategy.
We know how to be deliberate. Â We know how to be the “Squeaky wheel.” Â Some of the tools in our arsenal are the following:
Direct and deliberate communication from an attorney
Mechanic’s liens
Experienced negotiation skills
Project disruption
Financing disruption
Legal proceedings
If waiting for payment has not worked, we can help.
Have you had a mechanic’s lien filed against your property? Â Or are you a contractor that needs to file a mechanic’s lien? Â We have represented hundreds of clients on mechanic’s lien issues. Â Regardless of which side you are on, we have the experience to help.
The mechanic’s lien statutes are particular and technical.  They must be precisely followed, or they will have no practical effect.
The experience and skill of your legal counsel can be the difference. Â You ended up in a bad situation, make sure you do not compound the problem by selecting an attorney that rarely handles these type of issues.
When you need a new construction contract, contact us. Â We have been drafting construction contracts for over twenty years. Â We also have access to a broad legal library of contract forms and treatises that make sure we craft the perfect contract for your situation.
When it comes to existing construction contracts, there are two times you need Vaughn & Smith:
When you are unfamiliar with the contract that has been presented to you; or
When you are too familiar with the contract you have been using. Â It is easy to allow familiarity to give rise to complacency. Â We want to help you make sure that the industry has not passed you by or left you ill-prepared.
There is no question that construction projects can lead to litigation. However, Vaughn & Smith works to proactively avoid or resolve disputes. We use our industry knowledge to address the problem in ways that maximize recovery and minimize expenses.
We have successfully assisted our clients in resolving the following:
Structural defects
Water intrusion
Mold
Roofing defects
Window defects
Flooring defects
Grading issues
Balcony and decking defects
Drainage defects
Systems defects (Plumbing, Electrical, HVAC, Chimney, etc.)
Foundation defects
Concrete defects
We know the law and the construction industry. Â Let us help you.
When someone breaches a contract, someone else normally suffers damages. Â Those damages can take many forms, and they are rarely acceptable.
Trying to handle a legal situation without a lawyer is akin to traveling by plane without a pilot. Â In both situations, you should either walk away or do it the right way.
Vaughn & Smith has experience negotiating, mediating, arbitrating, litigating and, most importantly, resolving contract breaches. Â Call us-we can be your best option.
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Vaughn & Smith has the best real estate dispute litigation attorneys in the Louisville, Kentucky and Southern-Indiana area. We routinely represent homebuyers, home sellers, homeowners, real estate agents, brokers, builders, developers, contractors, suppliers, lien-holders, banks, title insurance companies and fellow attorneys.
We handle breach of contract claims, latent defect and fraud disputes, construction disputes, warranty claims, boundary disputes, adverse possession, land access/easement disputes, Condominium and homeowner association matters, and commercial transactions.
Our attorneys regularly represent clients in Jefferson, Oldham, Shelby, Spencer and Bullitt county.
We have the experience and skills to get you the best results.
