Common Triggers for Construction Litigation—and How to Avoid Them

Construction projects bring together property owners, contractors, subcontractors, suppliers, and design professionals, all working toward one shared goal: completing a project safely, efficiently, and with a clear understanding of everyone’s responsibilities. 

Even when everyone begins with good intentions, disagreements can arise over quality, timing, payments, or safety. When those disagreements gain momentum, they often turn into disputes that require legal action.

At the Law Offices of C. Melody Davalos, PLLC, we regularly see how one overlooked issue can spiral into costly conflict, especially when a dispute also involves a personal injury claim or allegations that unsafe conditions led to someone getting hurt. Construction litigation in Raleigh, North Carolina, covers issues involving contracts, property rights, workmanship, safety, and injuries.

The stakes can be high because a construction site has multiple moving parts and shifting responsibilities, and a dispute can affect every party involved. Over the years, we’ve witnessed how preventable issues become flashpoints that trigger lawsuits. 

In the first stage of any project, keeping communication clear, documenting changes, and addressing safety concerns early can reduce the risk of claims, but once a disagreement evolves into litigation, parties may face delays, financial strain, and liability exposure. 

The presence of a personal injury allegation often intensifies the matter because North Carolina follows specific standards for premises safety, contractor duties, and negligence. As we work with clients to understand what happened on a jobsite, we often see patterns.

Disputes arise around unclear agreements, questions about who was responsible for what, or injuries that call the entire project into question. At the end of the introduction, it becomes clear that construction litigation in North Carolina is closely linked to contract terms, workmanship expectations, site safety, and the potential for personal injury liability under state law.

Unclear or Incomplete Contract Terms

A strong construction contract is the backbone of every project, yet many disputes start with a vague agreement. When parties fail to spell out expectations, timelines, or payment structures, misunderstandings can surface before the work even begins. 

In our experience, contracts that fail to address change orders, safety obligations, or methods for resolving disagreements usually create problems. If a personal injury occurs and the contract does not properly allocate responsibility for site conditions, the dispute becomes even more difficult.

We consistently advise clients that contracts need to be precise and tailored to the project. A handwritten agreement or an online template rarely addresses all the details that matter in a North Carolina construction setting. 

Ambiguous terms give opposing parties room to argue their interpretation, making litigation more likely. Beyond financial disagreements, unclear contracts often lead to disputes over who controlled the jobsite when a personal injury incident occurred. Establishing control is crucial because liability in North Carolina may shift depending on a party’s actual involvement in the work.

Missed Deadlines and Project Delays

Construction delays frustrate everyone involved and are among the most common triggers of litigation. A delay can result from weather, supply shortages, workforce problems, design defects, or mismanagement. When delays stack up, the costs rise quickly. Property owners may lose income, contractors may incur penalties, and subcontractors may remain unpaid.

When delays accompany unsafe conditions, the risk of personal injury increases. We have seen cases where a rushed crew cuts corners to make up time, leading to accidents that could have been avoided. Once a worker or visitor is injured, the project’s timeline is no longer the primary concern—liability is. 

North Carolina courts review whether the responsible party acted with reasonable care and whether the delay contributed to the unsafe conditions.

Safety Violations and Jobsite Injuries

Construction sites carry inherent dangers, and the possibility of personal injury is always present. Common hazards include:

• Falls

• Equipment failures

• Electrical hazards

• Falling materials

These issues often lead to litigation. When an injury occurs, it may reveal deeper problems, such as poor supervision, inadequate training, or insufficient safety planning.

In North Carolina, injured workers are generally covered by workers’ compensation, but this does not prevent additional claims from:

• Visitors

• Bystanders

• Third-party contractors

A personal injury claim can expand the dispute far beyond the original scope of work, especially when multiple companies share the construction area. Litigation may follow if parties disagree about who created the hazard or who was responsible for correcting it.

Payment Disputes and Mechanics’ Liens

Another major source of litigation involves payments. Contractors may claim they completed the work but were not compensated; property owners may argue that the work was incomplete or defective. North Carolina’s mechanic’s lien laws provide contractors and suppliers with the ability to secure payment by placing a lien on the property, but these filings must be done correctly.

Disputes over payment sometimes intersect with allegations that unsafe work caused a personal injury. For instance, an owner refusing to pay for “defective work” may also assert that the defects created a risk of injury, while the contractor may argue that the owner interfered with safety protocols.

When a significant personal injury claim enters the discussion, the case becomes more challenging because damages expand beyond contract terms.

Design and Workmanship Defects

Problems with design or workmanship can surface months or years after a project ends. When structural issues, leaks, electrical failures, or other defects become apparent, parties begin accusing one another of cutting corners or failing to follow the agreed specifications.

If a personal injury results from a design flaw—such as a railing giving way or faulty wiring causing a fire—liability may fall to architects, engineers, contractors, or product manufacturers. 

These cases often trigger litigation because each party may claim the defect was the responsibility of the other party. Since North Carolina applies a statute of repose to construction defects, timing is critical, but a personal injury claim can allow different claims that fall outside normal defect timelines.

Meticulous Legal Advocacy

Construction projects involve a network of relationships, responsibilities, and risks. When expectations are unclear or safety issues arise, disputes can quickly turn into legal battles. 

Many cases we handle at the Law Offices of C. Melody Davalos, PLLC involve a strong personal injury component alongside contract or property issues, and addressing these cases requires careful review of North Carolina law. 

By paying attention to contract terms, site safety, communication practices, and regulatory requirements, parties can significantly reduce the likelihood of litigation—and protect themselves if a dispute becomes unavoidable.

If you need guidance on a construction matter or a personal injury issue connected to a project, we are ready to help you move forward with clarity and confidence. We’re proud to serve Raleigh, North Carolina, and the surrounding areas of Nags Head, Wake County, Johnston County, Franklin County, and Durham County. Call today.