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Facing a dispute with a property owner can be challenging for any residential or commercial contractor, with claims of unfinished work, poor craftsmanship, contract breaches, or property damage threatening your business. As Arkansas' leading construction law attorneys, Little Rock Trial Lawyers defend contractors against unjust claims, contract disputes, and liability issues, ensuring your rights and reputation are protected. If you're dealing with a legal dispute from a property owner, contact us today for a consultation.
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How a Construction Defense Lawyer Can Help Protect Your Business in Arkansas
A construction defects litigation lawyer can help protect your business by defending against breach of contract claims, construction defect accusations, and payment disputes. They ensure your contracts are legally sound, help you navigate litigation or arbitration, and work to minimize financial liability. With experienced legal representation, you can safeguard your reputation, enforce your rights, and prevent costly legal setbacks.
Owner's Tips For Choosing a Contractor
Unscrupulous builders and trade specialists often pray upon unsuspecting owners. Whether your project is a remodeling job, new construction, residential or commercial, do your homework before you hire your contractor. The following is a checklist to follow in choosing an contractor or trade specialist.
Make your contractor present a copy of his or her contractor’s license.
Arkansas requires any person or entity that enters into a contract for a fixed price of more than $2,000 (residential work) to possess a valid Arkansas Contractor’s license. Verify the license on the Arkansas Contractor’s Board website. The named contractor in any written contract must be the licensed person or entity. Any time a contractor refuses to give you a fixed price or asks to work by the hour, chances are high he or she does not possess a valid contractor’s license.
Make your contractor present a copy of his or her contractor’s license.
to cover any negligence in the performance of the job.
Make your contractor present proof of worker’s compensation insurance
that will cover any injury to workers who are present on your property while performing the job.
Consider requesting a performance bond for large projects and new construction.
A performance bond will pay to finish the project in the event the contractor goes bankrupt or suffers other inability to finish the job.
Do not let the contractor start the project before the above items are presented to you.
Insist on a written agreement
that includes: a) warranties; b) the right to create a punch list after an inspection of the work; c) applicable building codes which apply to the project and d) written plans and specifications that describe the project in detail.
Insist on a set price for the project.
We provide legal defense for breach of contract claims in Arkansas
Our Construction Law Firm provides strong legal defense for contractors facing contract disputes and claims from property owners in Arkansas. We protect your business, reputation, and financial interests by challenging unjust allegations, breach of contract claims, and construction defect accusations. Our experienced attorneys work to negotiate fair resolutions, enforce contract terms, and defend you in court if necessary, ensuring your rights are upheld.
Construction Cases in Arkansas
Checklist for Construction Cases
- Date construction began
- Name and address of the general contractor and all sub contractors
- Location of construction
- Alleged defects
- Name and address of architect or engineer
- Copy of any inspections by public agencies
- Total cash outlay on project to date
- Total contract price
- Is there any punch list to date
- Is the structure secure from theft, damage, etc.?
- Does general or sub contractors have insurance and if so, does the owner have copies of policies or dec pages?
- Is construction ongoing currently?
Document List to Provide
- Written contracts.
- Any and all invoices of any kind or nature.
- List of outstanding invoices, if any.
- Any and all photos or videos of the construction.
- List of all defects.
- Any and all texts, emails or written communications about the project between owner and any contractor or sub contractor.
- Copy of plans and specifications.
- Copies of any RFIs and/or ASI in response.
- Copies of all change orders, if any.
Get in touch with our Little Rock, Arkansas Construction Defense Law Firm today at (501)239-5979.
Common Legal Claims Against Contractors For Residential and Commercial Properties
- Breach of Contract: May include unfinished work, project delays, unauthorized scope changes, and exceeding the budget without approval.
- Construction Defects: may include structural failures, faulty electrical or plumbing work, poor insulation, and the use of substandard materials.
- Property Damage Claims: May include construction-related structural damage, water intrusion leading to mold, and landscaping harm from heavy equipment.
- Negligence & Safety Violations: May include failure to follow building codes, unsafe construction practices, and missing permits or inspections.
- Fraud & Misrepresentation: May include false licensing, misleading claims about materials or timelines, and charging for incomplete work.
- Non-Payment & Mechanic’s Liens: May include contractors suing for unpaid work, homeowners contesting charges for poor workmanship, and subcontractors filing mechanic’s liens for non-payment.
- Abandonment of Project: may include contractors leaving before completion, failing to refund deposits, and leaving work unfinished or unsafe.
- Warranty & Guarantee Disputes: may include failure to honor warranties, disagreements over repairs or replacements, unclear terms, and denial of responsibility for defects.
New 2025 Laws That Impact Residential Construction
Arkansas Code Annotated Title 4, Chapter 75, Subchapter 13 places an additional burden upon residence owners prior to initiating litigation against a contractor or material supplier.
Residence owners must provide 28 days written notice to any home improvement contractor, residential building contractor or supplier. The notice must contain sufficient detail that describes the construction defect claimed by the owner. The construction defect must have been found within one year of the project completion.
The contractor has 14 days after receipt of the notice to:
a) Accept the owner’s claim and offer a plan to remedy the defect;
b) Demand an inspection of the premises within a specified time frame;
c) Reject the claim
After an inspection, the contractor may:
a) Accept the owner’s claim and offer a plan to remedy the defect;
b) Reject the claim.
The owner may accept or reject the contractor’s plan to remedy the defect.
The following conditions must be met prior to filing litigation:
a) The contractor fails to respond to the owner’s notice;
b) The contractor fails to complete an accepted remedial plan accepted by the owner;
c) The contractor rejects the claim after receipt of the Notice;
d) The owner rejects the contractor’s remedial plan.
The above is provided as general information and is not intended to be all inclusive of the laws that apply, or legal advice we would provide, to contractors or owners. This information in no manner is intended to create an attorney client relationship by and between the readers of this material and Little Rock Trial Attorneys, PLLC or any of its employees. Contact our office for complete information and guidance for your business or construction project.
Get In Touch With Our Contractor Defense Attorneys in Arkansas
Please understand that any submission by you coupled with our response does not form an attorney client relationship with Little Rock Trial Attorneys. com or any of its attorneys. We only recognize attorney client relationships that are formalized by written contracts.
