How to Prove a Breach of Contract in a Construction Dispute

Construction projects often involve numerous agreements, timelines, and obligations, making contract disputes more common than many property owners or contractors realize. When one party fails to fulfill their duties under a construction contract, understanding how to prove a breach is essential to protecting your rights and pursuing remedies.

Construction contract disputes can stall projects, increase costs, and lead to frustration for everyone involved. At the Law Offices of C. Melody Davalos, PLLC in Raleigh, North Carolina, we help clients in Nags Head, Wake County, Johnston County, Franklin County, Durham County, and statewide with construction contract disputes with careful attention to the facts and the law. 

We focus on guiding clients through the evidence and steps necessary to establish that a breach occurred, helping them take informed action. If you’re dealing with a potential breach, reaching out early can help protect your interests.

An Intro to Construction Contract Disputes

Construction litigation arises when one party doesn’t meet the terms of an agreement. This might include failing to complete work on time, using substandard materials, failing to follow project specifications, or withholding payment. Every construction contract dispute has unique circumstances, but the foundation for proving a breach is largely the same. Establishing that a breach occurred requires showing the existence of a valid contract, that one party failed to meet its obligations, and that this failure caused damages.

Contracts in construction are often written documents that outline the scope of work, payment schedules, deadlines, and the responsibilities of each party. Even verbal agreements can sometimes create binding obligations, though they’re harder to prove. Recognizing what the contract requires is the first step in proving a construction contract dispute.

Gathering Evidence of the Breach

Strong evidence is essential when proving a construction contract dispute. Documentation and records can demonstrate that one party failed to meet their obligations. Key types of evidence may include:

Key Types of Evidence

When a construction dispute arises, having clear, organized documentation is often the foundation of a strong claim. The right records can help show exactly what was agreed to, how the work unfolded, and where things went wrong. Gathering this information early makes it easier to explain the issue and support your position if the matter moves forward.

• The contract itself: Signed agreements outlining the scope of work, timelines, and payment terms.

• Change orders and amendments: Any modifications to the original contract that affect obligations or schedules.

• Communications: Emails, texts, letters, or written notices that reflect instructions, concerns, or warnings about performance.

• Invoices and payment records: Evidence showing payments made, amounts owed, or disputed charges.

• Photographs and videos: Visual proof of incomplete or defective work.

• Inspection reports or professional evaluations: Assessments from construction professionals verifying deficiencies or deviations from contract specifications.

Organizing this evidence clearly helps show that the breach wasn’t minor or accidental but a failure to meet specific contractual obligations. We help clients compile and present this evidence in a way that makes their case clear and persuasive.

Demonstrating Performance or Attempted Performance

A construction contract dispute isn’t just about showing that the other party failed—it’s also about showing that you met your responsibilities under the contract. Courts often look for proof that:

• You fulfilled your contractual obligations or attempted to do so.

• You provided timely notice of any issues.

• You gave the other party an opportunity to correct the problem when required by the contract.

Documenting your performance can be just as important as documenting the other party’s failure. This may involve keeping records of completed work, payments made, inspections passed, and communications demonstrating compliance with deadlines and specifications.

Identifying Damages Caused by the Breach

Proving a construction contract dispute requires showing that the breach caused harm. Working with an experienced personal injury lawyer can help identify and document these damages. Damages can take several forms, depending on the nature of the project and the terms of the contract:

• Financial losses: Costs incurred due to delays, rework, or replacement of materials.

• Loss of use: In cases where unfinished or defective work prevents the intended use of a property.

• Additional labor or contractor fees: Expenses for hiring another professional to complete or correct the work.

• Delay-related costs: Penalties or extra financing costs tied to project delays.

Accurately calculating damages can be challenging, especially if multiple factors contribute to costs. We work with clients to detail the financial impact of a breach and compile supporting documentation to show the court or mediator exactly how the breach affected them.

Working With Witnesses and Professional Testimony

Witnesses and professionals can strengthen your claim in a construction contract dispute. They provide first-hand accounts or professional assessments of the work completed and any deficiencies. Potential witnesses include:

• Project managers or contractors: Individuals directly involved in the project who observed performance issues.

• Subcontractors or suppliers: Those who can verify work quality, material delivery, or adherence to timelines.

• Construction professionals or engineers: Professionals who can assess whether work met industry standards or contract specifications.

Their testimony can confirm what happened, why it was a breach, and the resulting damages, which often carries significant weight in legal proceedings.

Alternative Dispute Resolution and Legal Proceedings

While some construction contract disputes are resolved through negotiation or mediation, others require filing a formal claim. Mediation or arbitration can be faster and less expensive, allowing parties to reach a settlement with guidance from a neutral third party.

If those options fail, courts may hear the case, with the evidence and testimony compiled to prove the breach and the damages sustained. We guide clients through both negotiation and litigation, helping them understand what to expect at each stage. The goal is always to provide a clear path for resolving disputes while protecting the client’s interests.

Helping You With Construction Contract Disputes

Construction contract disputes can disrupt projects and cause financial stress, but they can be addressed with proper documentation and legal guidance. Our legal team at Law Offices of C. Melody Davalos, PLLC, helps clients in Raleigh, North Carolina; Nags Head; Wake County; Johnston County; Franklin County; Durham County; and statewide with compiling evidence, assessing damages, and protecting their rights in construction contract disputes. Contact us to discuss your situation and explore options for resolving the dispute.