Payment, Defects, and Delay on Commercial Projects
Construction projects generate complex disputes over payment, defective work, delays, and scope. We represent owners, contractors, and subcontractors across Alabama, Georgia, and South Carolina when projects go wrong.
Serving Alabama, Georgia & South Carolina · Commercial litigation and dispute counsel
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Three States
Alabama, Georgia & South Carolina
Contract deadlines and forums differ across the three states we serve. South Carolina gives half the time Alabama and Georgia do. Choose the state where your dispute sits for the law that applies to your company.
Construction disputes tend to involve large sums, technical proof, and several parties at once. A contested mechanic's lien, an unpaid subcontractor, a defect claim, or a delay dispute can tie up a company's working capital for a year or more. Our construction dispute attorneys serve contractors, subcontractors, owners, and developers in Birmingham, Hoover, Tuscaloosa, and across Alabama, Georgia, and South Carolina.
Construction disputes are among the most technically demanding commercial matters a company will face. A stalled project, an unpaid subcontractor, or a defect claim can absorb management attention and capital for an extended period. Our construction dispute attorneys represent general contractors, subcontractors, specialty trades, owners, and developers across Alabama in the full range of construction litigation - from mechanic's lien enforcement and payment bond claims to construction defect litigation, delay claims, and differing site condition disputes. These cases usually turn on the technical record, so we work with engineers, schedulers, and cost estimators to establish causation and quantify the loss.
Birmingham and the surrounding region has seen sustained commercial and industrial construction activity across manufacturing, logistics, healthcare, and infrastructure sectors. This growth drives disputes - over change orders, delays, payments, and quality - that require attorneys who understand both the legal and technical dimensions of construction projects.
Construction is one of the most dispute-prone industries in the Southeast, and for good reason. Projects involve layered contracts, tight margins, weather delays, design changes, and a chain of parties who each depend on the others to perform and pay on time. When something goes wrong, the money at stake is often substantial and the deadlines to protect your rights are unforgiving.
This resource explains how construction disputes unfold in Alabama, Georgia, and South Carolina, with particular attention to the mechanic's lien deadlines that catch so many contractors off guard. Whether you are a general contractor, subcontractor, supplier, or owner, understanding these rules in advance is the difference between getting paid and absorbing a loss.
The mechanic's lien is one of the most powerful collection tools available to contractors and suppliers in all three states, but it is also one of the least forgiving. The deadlines are strict, they differ by state and by your role on the project, and missing them can permanently extinguish your lien rights no matter how clearly you are owed the money.
In Alabama, the exact deadline to file a mechanic's lien depends entirely on your role in the project. General contractors have six months to record a lien after the last day of work. Subcontractors and suppliers have four months. Laborers have just thirty days. Because each of these windows runs from your own last day of furnishing labor or materials, two parties on the same project can have very different deadlines. And the clocks change at the state line: in Georgia, a claim of lien generally must be filed within 90 days of last furnishing and enforced within 365 days of filing; in South Carolina, the lien generally must be filed and served within 90 days of last furnishing and foreclosed, with a lis pendens, within six months of last furnishing.
Certain roles also carry advance notice requirements that must be satisfied before a lien is even filed, particularly for subcontractors and suppliers who did not contract directly with the owner. Because these timelines and notice rules turn on the specific facts of who you are and what you supplied, the safest course is to calendar your deadlines the moment a payment problem appears, not after it festers.
The single most common source of construction disputes is work that falls outside the original scope. Owners and upstream contractors frequently request changes verbally or through informal direction, then resist paying for them when the invoice arrives. Courts in all three states will often enforce payment for extra work, but your ability to recover depends heavily on documentation.
Delay claims are equally fact-intensive. When a project runs long, the question becomes who caused the delay and whether the contract allocates that risk. Concurrent delays, where multiple parties contribute, are particularly complex and reward the party with the cleaner project records.
Allegations of defective work cut both ways. As a contractor, you may face a claim that your work was deficient; as an owner, you may be confronting visible problems with a finished project. State law and most construction contracts give the responsible party a right to inspect and, in many cases, an opportunity to cure before damages are assessed.
Preserving evidence of the actual condition of the work, through photographs, inspection reports, and expert evaluation, is essential. Defect disputes are frequently resolved by the credibility and thoroughness of the documentation each side brings to the table.
Your lien deadline runs from the last day you provided labor or materials. Know that date for every project so you never lose lien rights by accident.
Even a confirming email after a verbal directive can preserve your right to payment for extra work. Never perform significant changes on a handshake.
Daily logs, photographs, and dated correspondence are decisive in delay and defect disputes. The party with the better records usually prevails.
Subcontractors and suppliers often must give notice to preserve lien rights. Identify which notices apply to your role early in the project.
A legal claim against improved property securing payment for labor or materials, which can ultimately force a sale of the property to satisfy the debt.
A written modification to the original construction contract altering the scope, price, or schedule of the work.
A portion of payment withheld until a project is substantially or fully complete, frequently the subject of end-of-project disputes.
The point at which a project is sufficiently complete to be used for its intended purpose, often triggering warranty periods and final payment obligations.
It depends on the state and your role on the project. In Alabama, original contractors generally have six months from last furnishing, most subcontractors and suppliers four months, and laborers thirty days. Georgia generally requires the claim of lien within 90 days of last furnishing, with an action to enforce it within 365 days of filing. South Carolina generally requires the lien to be filed and served within 90 days of last furnishing, with a foreclosure action and lis pendens within six months. A missed deadline can extinguish lien rights permanently, so these dates should be identified and calendared as soon as a payment problem appears.
Yes. On public projects, where liens against government property are not available, claims against payment bonds are the primary remedy. We handle both private lien enforcement and public payment bond claims under the Alabama Public Works law.
In most cases in Alabama, a subcontractor's direct claim runs against the general contractor. However, there are circumstances - including tortious conduct, unjust enrichment, and bond claims - where direct claims against owners or their sureties are available. We evaluate all available paths to recovery.
Do not admit fault or agree to a deduction without counsel. Defect allegations frequently rest on contested questions of specification, owner-supplied materials, design error, and pre-existing site conditions. We defend contractors and subcontractors against these claims and, where the record supports it, assert the affirmative claims the same facts give rise to.
A breached contract produces a measurable loss for the party that performed. We represent businesses across Alabama, Georgia, and South Carolina in breach of contract litigation, demand enforcement, and negotiated resolutions.
Where labor or materials have been supplied and the account is unpaid, a mechanic's lien makes the improved property security for the debt. We help contractors, subcontractors, and suppliers file, perfect, and enforce liens, and we defend against invalid ones.
Subcontractors furnish the labor and carry the risk, and they are paid last. We represent Alabama subcontractors in payment disputes, retainage claims, pay-when-paid disputes, and lien enforcement against general contractors and owners.