• Construction Litigation - The Law Office of John T Benjamin, Jr., PA

    Construction Litigation

    We have experience representing residential homebuilders, general contractors, subcontractors, commercial construction owners, and homeowners in many facets of construction litigation and construction defect litigation. Our lawyers have represented clients in a variety of fora, including litigation in the North Carolina State Superior and District Courts; all three divisions of the Federal District Courts; mediation; private and court ordered arbitration.

    We are well versed in perfecting the statutory liens on real property of mechanics, laborers and materialmen as guaranteed by the North Carolina Constitution. Likewise, we are also proficient in perfecting the subcontractor’s lien upon funds. We will not hesitate to protect a client’s lien rights by filing the necessary lien enforcement action. On the other hand, we regularly defend commercial owners, homebuilders and residential homeowners against builders and contractors that have filed liens on their real property.

    Part of our representation can involve advising owners about the ways that the various liens can be discharged, so the owner can keep the project moving and even sell their real property if necessary. We are also experienced in representing commercial contractors, residential homebuilders, and homeowners in disputes involving express and implied warranty claims. Although construction claims often seem to inevitably lead to litigation, if the client is willing, and circumstances allow, we will explore other possibilities of resolving a dispute to avoid litigation altogether. This enables our clients to be able to “get back to business” rather than being “bogged down” by litigation. If litigation is unavoidable, we will vigorously pursue the client’s remedies or defenses with diligence, honesty and integrity.