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Construction Litigation

Construction Litigation Attorneys Serving Clients Nationwide

Construction disputes are rarely about a single failure. A delay becomes a cost overrun, the overrun becomes a payment dispute, the payment dispute becomes a lien, and by the time anyone calls a lawyer the project has stalled and three parties are pointing at each other. Kaufman & Hilbert PC represents owners, developers, contractors, subcontractors, and suppliers in disputes over defective work, delay and disruption, change orders, payment, and liens. Based in Alpharetta, Georgia, and serving clients nationwide and internationally, the firm pairs litigators with real estate and commercial transaction attorneys who read construction contracts for a living. The goal in most of these matters is not just a judgment. It is a finished project.

How Kaufman & Hilbert Can Help

Construction disputes move fast and carry hard deadlines. Our attorneys handle them at every stage, including:

  • Construction defect claims brought by and against owners, contractors, and design professionals
  • Delay, acceleration, and disruption claims, including change order and scope disputes
  • Payment disputes, mechanic’s and materialmen’s liens, and lien enforcement or discharge
  • Contract drafting, negotiation, and review before ground is broken
  • Bond claims, warranty disputes, and insurance coverage issues arising from construction losses

Our Construction Litigation Services

Defect and Workmanship Claims

Defect cases turn on the contract documents, the plans and specifications, and what the record shows about who was responsible for what. We represent owners pursuing recovery for deficient work and contractors and subcontractors defending against claims that overstate scope or blame. We work with engineers, architects, and forensic consultants to establish causation and cost of repair, and we press early on the warranty, acceptance, and limitations defenses that narrow these cases.

Delay, Change Order, and Payment Disputes

Most construction litigation is a money dispute wearing a schedule dispute’s clothing. We handle claims for unpaid contract balances, retainage, extra work performed without a signed change order, and damages caused by delay or disruption. We enforce and defend mechanic’s lien claims within the strict statutory deadlines that govern them, pursue and respond to payment bond claims, and press the notice and documentation requirements buried in most standard-form agreements.

Contract Review and Risk Allocation

The cheapest construction dispute is the one the contract already resolved. We draft and review owner-contractor agreements, subcontracts, and design agreements, focusing on scope, schedule and liquidated damages, change order procedure, payment and retainage terms, indemnity, insurance and additional-insured requirements, warranties, and the dispute resolution clause that decides where any fight will happen.

Who We Serve

We represent commercial and residential property owners, developers, general contractors, subcontractors, suppliers, and design professionals. Our clients include owners who paid for work they did not receive, contractors carrying an unpaid balance on a completed project, developers facing claims from multiple trades at once, and businesses whose build-out went wrong and whose lease or financing depends on completion. Because the firm also handles real estate transactions and economic incentives, we understand the deal the construction contract was supposed to deliver.
Meet Our Team
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Charles Ralston
COO/CTO
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Robert J. Kaufman
Partner
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Alex B. Kaufman
Partner
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Jon Spetalnick
Partner
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Christian Zimm
Attorney
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Dylan Phillips
Attorney
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Why Kaufman & Hilbert

Senior-Led Representation. Experienced attorneys handle your construction matter personally, from lien deadlines through trial or arbitration.

Full-Service Strategy. Construction litigation supported by the firm’s real estate, commercial transaction, and corporate practices.

Nationwide & International Reach. We represent parties in construction disputes across the country and beyond.

Responsive, Practical Counsel. Straight answers about what the claim is worth, what proving it costs, and whether finishing the project beats fighting about it.

  • How it works

Our Approach

01

Listen & Assess

We review the contract documents, change orders, schedules, correspondence, and payment history, and identify any lien or notice deadline that has to be protected immediately.

02

Strategy

We quantify the claim or exposure, identify the responsible parties and available insurance or bond coverage, and choose the forum the contract requires.

03

Execution

We pursue documents, project records, and testimony, retain the technical experts these cases require, and litigate or arbitrate with senior attorneys on the file throughout.

04

Resolution

We close the matter through settlement, award, or judgment, and handle lien releases, payoffs, and enforcement so the project and the title can move forward.
  • FAQs

Frequently Asked Questions

Lien rights are governed by strict statutory deadlines that vary by state and by your role on the project, and missing one can extinguish the right entirely. Preliminary notices may also be required before a lien can be claimed. If you are owed money on a project, treat it as time-sensitive and call before assuming you still have time.
Many construction contracts, including several widely used standard forms, contain arbitration or mandatory mediation provisions. Whether the clause covers your specific claim, and whether it binds every party you need in the case, depends on its wording. We review the agreement and advise on the forum before anything is filed.
It depends on the cause of the delay, what the contract says about schedule and extensions, whether the delay was excusable or compensable, and whether the required notice was given. Concurrent delay, where both sides contributed, is common and is usually the central fight in these cases.
Withholding payment carries its own risk, including breach and lien exposure, and most contracts set out a specific procedure for rejecting work or withholding for cause. Document the defect, follow the contract's notice provisions, and get advice before you stop writing checks.
  • CONTACT

Schedule a Consultation

If a project has stalled, a payment is overdue, or a lien has been filed against your property, the contract and the calendar are already working. Call Kaufman & Hilbert PC at +1-770-299-0792 or email [email protected](General Inquiries), [email protected](New Client Consultation) to schedule a consultation with our real estate litigation attorneys.

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