Construction Disputes

Homeowners usually call after the project has already gone off the rails: the contractor has been paid but stopped showing up, the workmanship is visibly defective, the price keeps climbing without approval, or the job was never properly staffed or permitted.

Those facts are not always just a breach-of-contract dispute. In the right case, they also amount to unfair or deceptive conduct under state consumer-protection law, which can create leverage beyond simple repair-cost damages.

We represent homeowners, not contractors. Our job is to sort out what went wrong, what can be proved, and whether the best path is a demand, a negotiated resolution, or litigation.

West Virginia provides strong consumer protection remedies for homeowners in construction disputes. The West Virginia Consumer Credit and Protection Act (WVCCPA), W. Va. Code § 46A-6-101 et seq., prohibits unfair and deceptive acts and practices in consumer transactions, including construction and home improvement contracts. Violations can result in actual damages, civil penalties, and attorney fees. WV also requires certain contractors to be licensed and carries criminal penalties for performing contracting work without proper licensure.

West Virginia's mechanic's lien statute, W. Va. Code § 38-2-1 et seq., allows contractors, subcontractors, and material suppliers to file liens against property for unpaid work. However, the statute has strict requirements for notice, timing, and content. A lien that does not comply with these requirements may be invalid and subject to removal. The homeowner may also have a claim for slander of title if the lien was filed in bad faith.

North Carolina's Unfair and Deceptive Trade Practices Act (NCUDTPA), N.C. Gen. Stat. § 75-1.1, provides treble (triple) damages for unfair or deceptive acts in commerce, making it one of the most powerful consumer protection tools in the country. NC courts have consistently held that contractor fraud, material misrepresentations about qualifications, failure to complete contracted work, and use of substandard materials can constitute UDTP violations. NC also has specific statutes governing contractor licensing (General Contractors Licensing Board) and home improvement warranties.

Washington homeowners may have claims under the Washington Consumer Protection Act (CPA), contractor registration laws, and related contract and tort doctrines when contractors engage in deceptive conduct or materially deficient work. Washington's lien framework also has strict timing and notice requirements, and invalid liens can often be challenged and removed.

Across all three states, we leverage consumer protection statutes alongside traditional contract and tort claims to maximize our clients' recovery. The availability of enhanced damages and attorney-fee shifting in many of these statutes can make it economically feasible to pursue construction claims that would otherwise be too costly to litigate.