Why are construction disputes the territory of specialized lawyers?

21 May 2025
23:31

IALC is your reliable partner in the world of law.

Every week we will talk about one branch of law in detail. After all, in our association we have gathered some of the best representatives in all areas.

 
Konstantin Lushnikov (https://t.me/constructionconf) - Managing Partner of PROLEX Law Firm, Executive Director of the Union of Lawyers in the Field of Construction and Housing and Public Utilities, - Co-Chairman of the Council for Urban Planning under the Commissioner for the Protection of the Rights of Entrepreneurs in Moscow, - Arbitrator of the Board for Construction Disputes
 
Why are construction disputes the territory of specialized lawyers?
🟢 KS-2/KS-3 without context is weak evidence. The courts require a link: the project, executive documentation, correspondence, the procedure for acting.
🟢 A unilateral act without calling the customer is simply useless. If you do not record a refusal or ignorance, consider yourself to have given up your positions.
🟢 The estimate should correlate with the project and schedule. Unagreed volumes, even those fulfilled, can be recognized by the court as "amateur activities".
🟢 Additional work is a zone of high legal turbulence. Without a formalized basis and correct document flow, they will simply be "taken out" of the case.
🟢 Expertise in the case is not a panacea. Only clear questions, well-developed documents and procedural support allow you to turn it into key evidence.
🟢 Project documentation is not a technical, but a legal guideline. Deviation from it without proper justification is almost always a defeat in a dispute.
 
🗣 "A lawyer who does not speak the language of construction risks losing, even if he knows the Civil Code by heart. A construction dispute is not about law in theory. This is about the nuances, documents, and logic of the project. Construction disputes are not a place for a one-size-fits-all approach."
 
If you need help in a construction dispute - write to us.