You completed your scope of work on time and to specification. But the general contractor is claiming defects and withholding your final payment. Or worse, they’re threatening construction litigation for breach of contract while they owe you substantial money for completed work.
Meanwhile, your material suppliers are demanding payment, your employees need their paychecks, and your next project’s financing is in jeopardy. Every day this dispute continues, your business gets closer to failure.
This isn’t just a legal problem; it’s a business survival issue. And it’s exactly the construction litigation and dispute scenario we’ve been helping subcontractors navigate for over 17 years.
The scenario: You finished your electrical work three weeks ago, but the GC is withholding your final payment, claiming your work damaged the drywall. You know the damage was there before you started, but now you’re caught in a dispute that’s draining your business.
Why it’s dangerous: While you’re fighting over alleged defects, your cash flow stops completely. You still owe your suppliers, your crew needs to be paid, and your other projects suffer because you can’t buy materials. Many subcontractors go bankrupt not because they can’t do quality work, but because they can’t survive the cash flow disruption of payment disputes.
The real stakes: Beyond the immediate payment, these disputes can destroy your reputation, affect your bonding capacity, and force you to take expensive emergency financing just to stay operational.
The scenario: The GC terminates your contract, claiming you’re behind schedule, even though delays were caused by their coordination failures and change orders. Now they’re demanding your surety company pay for completion costs, threatening your ability to get bonded for future projects.
Why it’s dangerous: Once your surety company gets involved, it starts looking at all your projects, not just the disputed one. It may freeze your bonding capacity entirely while it investigates, effectively shutting down your business.
What most subs don’t realize is that your personal guarantee on the bond means your personal assets are at risk. If the surety pays a claim on your behalf, it can come after your house, your equipment, and your bank accounts.
The scenario: The project superintendent kept directing you to add outlets, move fixtures, and modify your work throughout the job. You documented the requests and submitted change orders, but now the GC claims all that extra work was “included” in your base contract price.
The hidden trap: Most subcontracts are written so vaguely that GCs can claim almost anything was “included.” Without proper documentation and contract language, your extra work—often worth tens of thousands of dollars—becomes free work or worse, grounds for them to claim you’re in breach for “incomplete performance.”
Not every construction dispute requires a lawsuit, but when the other party refuses reasonable settlement or threatens your business survival, construction litigation becomes necessary. As a specialized construction lawsuit attorney with over 1,000 cases filed, we know when aggressive legal action gets better results than continued negotiations.
Construction litigation differs from general business lawsuits because judges and juries need to understand technical specifications, industry standards, and construction sequencing. Generic attorneys who don’t specialize in construction litigation often struggle to present these complex issues effectively.
After handling over 1,000 construction lawsuits and seeing countless subcontractors destroyed by preventable disputes, I founded The Subcontractor Institute and wrote “Quit Getting Screwed” because these disasters follow predictable patterns. The subcontractors who survive understand their rights and act quickly when disputes arise. Those who don’t often lose everything.
– Karalynn Cromeens, Managing Partner
Your family lawyer or even a general business attorney might understand contract law, but construction disputes require specialized expertise they simply don’t have:
They Don’t Understand Construction Cash Flow. They can’t appreciate how payment delays destroy subcontractor businesses or why timing matters more than the legal theory. They’ll spend months on discovery while your business fails.
They Can’t Speak Construction Language. Judges and juries need to understand technical specifications, industry customs, and construction sequencing. Generic attorneys sound like they’re guessing because they are.
They Miss Industry-Specific Defenses. They don’t know about prompt pay laws, lien rights, bond claims, or the construction-specific defenses that can turn a losing case into a winning settlement.
They Lack Construction Courtroom Experience. They’ve never argued about concrete curing times, electrical code compliance, or mechanical system integration. They’re learning construction law on your dime while you’re fighting for your business.
Our difference: We don’t just practice construction law, we live it. With over 1,000 construction litigation cases as a specialized construction lawsuit attorney, we understand the technical, financial, and legal aspects of subcontractor disputes.
Your problem: The dispute is spiraling out of control and threatening your entire business operation.
Our solution: We immediately assess your legal position, stop harmful actions that could make things worse, and implement emergency measures to protect your cash flow and business operations.
What you get: Breathing room to operate your business while we handle the crisis. We prevent you from inadvertently waiving rights or taking actions that could hurt your case later.
Your problem: Generic legal defenses don’t work in construction disputes involving technical specifications and industry practices.
Our solution: We use our construction expertise to build defenses that actually work in construction cases. We understand industry standards, technical specifications, and the business realities that drive subcontractor decisions.
What you get: Legal strategies based on construction industry knowledge, not just contract theory. We work with technical experts who can support your position with credible testimony.
Your problem: You don’t know what rights you have or how to use them effectively in negotiations.
Our solution: We identify and leverage your lien rights, bond claims, prompt payment law protections, and other subcontractor-specific remedies that generic attorneys often miss.
What you get: Maximum negotiating leverage using tools specifically designed to protect subcontractors. We know how to use these rights strategically, not just file paperwork.
Your problem: You don’t know whether to settle or fight, and the wrong choice could destroy your business.
Our solution: We analyze not just the legal merits, but the business impact of different strategies. We consider your cash flow needs, ongoing project relationships, and long-term business goals.
What you get: Clear recommendations based on nearly two decades of subcontractor dispute experience and realistic assessments of costs, timeframes, and probable outcomes.
When GCs withhold payment claiming defects, coordination issues, or other excuses, we know how to get your money flowing again. We use lien rights, bond claims, prompt payment laws, and when necessary, construction litigation to create pressure for resolution.
When you’re terminated improperly, we protect your right to payment for work completed and defend against claims for completion costs. We understand the difference between termination for cause and termination for convenience.
Technical disputes require technical expertise. We work with construction experts to defend against inflated defect claims and prove industry-standard performance when your work meets acceptable standards.
We’ve handled numerous change order disputes and know how to prove additional work authorizations, document scope changes, and recover compensation for extra work performed.
When your surety company gets involved, we protect your bonding capacity while resolving the underlying dispute. We understand surety relationships and how to manage them during disputes.
We’ve filed over 1,000 mechanic’s liens and know how to use lien rights strategically to collect unpaid amounts. We also handle bond claims and other collection remedies available to subcontractors.
Every day you wait, your position gets weaker. Payments stay frozen. Your business relationships deteriorate. Your legal options may disappear. Meanwhile, the other side is building their case and potentially taking actions that harm your interests.
Early intervention is critical: Our best outcomes consistently come from cases where we were involved from day one, before positions hardened and relationships were destroyed.
Free Consultation for Active Disputes. We offer free initial consultations for subcontractors facing active contract disputes. We’ll assess your situation, explain your options, and outline a strategy to protect your business.
Rapid Response for Urgent Matters. Construction disputes move fast. When you need immediate help, we respond quickly with initial guidance and action steps.
Nationwide Representation. We handle subcontractor disputes in all 50 states through our direct licensing and local counsel relationships. Distance doesn’t prevent us from protecting your interests.
Contact The Cromeens Law Firm today: (713) 715-7334
Don’t let a contract dispute destroy the business you’ve worked so hard to build. Call now for your free consultation.
Never. Construction disputes escalate quickly, and early mistakes can be fatal to your case. Many cases we handle involve subcontractors who made their situation worse by trying to handle it themselves initially.
Much less than losing the dispute. We offer various fee structures and always consider the business impact, not just legal costs. Many disputes can be resolved quickly with the right approach.
We understand cash flow problems during disputes and work with clients to find solutions. The key is getting help before your position becomes impossible to defend.
Absolutely. Time is critical, but aggressive defense can often turn the tide even after litigation starts. Contact us immediately – waiting makes everything harder.
We handle construction disputes nationwide. State-specific requirements like lien laws and prompt payment statutes are factored into every case strategy.
Construction litigation becomes necessary when the other party refuses reasonable settlement, threatens your business survival, or when your lien rights are about to expire. With 1,000+ construction lawsuits filed, we know when aggressive legal action as a construction lawsuit attorney gets better results than continued negotiations.
Ready to protect your business? Call (713) 715-7334 now for immediate consultation.
The Cromeens Law Firm offers a comprehensive retainer package tailored exclusively for clients in the construction industry. With our firm’s deep expertise in construction law, our retainer package ensures you have access to top-notch legal services whenever you need them.
