The work isn't what you expected. A contractor walked off mid-project. Payment stopped. A change order spiraled out of control. The work failed inspection. Or maybe there's a fight about what the contract actually says. Whatever happened, the project has stalled and relationships are strained.
We have represented contractors, subcontractors, property owners, developers and suppliers in hundreds of construction disputes throughout Chicago and its surrounding counties, including non-payment, construction defect claims, mechanics lien claims, delay claims, breach of contract and scope of work disputes.
Common Construction Disputes We Handle
Whether you're in Cook County, DuPage County, Lake County, or Will County, these are among the most common types of construction disputes we handle. Our practice also covers a wide range of construction-related legal issues beyond this list.
Many construction disputes involve strict deadlines, especially mechanics lien rights in Illinois, which can expire quickly if not preserved correctly.
Our Approach to Construction Disputes
We don't assume every construction dispute needs a lawsuit, and we don't assume every contractor dispute can be talked out. We look at what's actually in dispute, what outcome matters to you, where the leverage is, and what the risks are if this escalates.
Then we build a plan. Sometimes that means filing to protect your mechanics lien rights or breach of contract claim. Sometimes it means structured negotiation or mediation. Sometimes it means positioning the case so the other side has a reason to settle before things get expensive.
The point is to resolve the construction dispute in a way that protects your project, your business, and your ability to move forward, whether that happens through a settlement, a ruling, or something in between.
Of course, many breach of contract disputes can be avoided altogether through careful contract drafting and negotiation before the project begins.
Construction dispute resolution is just one part of what we do. Explore our full range of construction law services.
Start With Strategy, Not a Lawsuit
Not every contractor dispute needs to turn into a legal battle. Most don't. The question is whether yours can be resolved before you spend months and thousands of dollars on a construction litigation process that might not change the outcome.
Before we talk about filing suit, we help you:
- Understand your legal position under Illinois construction law
- Review the contract and what it actually requires
- Identify deadlines that matter, including mechanics lien rights
- Separate real issues from noise
- Figure out the smartest next step
Sometimes that's a carefully worded demand letter. Sometimes it's a negotiation with some legal weight behind it. Sometimes it's mediation with someone who knows construction disputes. The goal is to solve the problem in a way that makes business sense, not to rack up billable hours.
When Construction Litigation Becomes Necessary
There are times when the other side won't engage, deadlines are closing in, or you need a court to enforce your rights. That's when litigation stops being optional.
Filing a construction lawsuit in Illinois is not about starting a war. It is about creating accountability. It forces responses, preserves evidence, enforces timelines, and shifts the dispute into a structured process where facts and law matter more than who yells louder.
Construction litigation gives you tools negotiation does not:
- Courts can issue injunctions and enforce mechanics lien rights
- Discovery compels the other side to produce documents and answer questions
- Judges apply established Illinois construction law to contract disputes and payment issues
- Early rulings on key issues can resolve cases faster than endless back-and-forth
When used strategically, construction litigation doesn't just prepare you for trial. It positions the case for resolution on better terms.
The Trade-Offs of Taking a Construction Dispute to Court
Litigation takes time. Court schedules in Cook County and surrounding counties move slowly, and even straightforward contractor disputes can take months or longer. That's disruptive when you're waiting on payment, trying to finish a project, or looking to sell or refinance property.
It also costs money. Discovery, experts, motions, hearings. All of it adds up. And once you file a construction lawsuit, positions harden. Flexibility shrinks. Working relationships can take permanent damage.
There's also uncertainty. You might end up in front of a judge or jury with limited construction industry experience, which makes technical disputes harder to explain and outcomes tougher to predict.
None of this means you should avoid construction litigation. Just that it shouldn't be automatic. When it's the right move, it works. When it's not, it creates a bigger problem than the one you started with.
We're upfront about these trade-offs because our job is to help you make informed decisions, not to push you toward a process that doesn't serve your goals.
Common Questions About Construction Disputes
When should I hire a construction dispute attorney?
You should consult an attorney when payment has stopped, a contractor has abandoned a project, mechanics lien deadlines are approaching, or disputes involve significant money or project delays. Many construction disputes have strict time limits, especially for mechanics liens in Illinois, so early involvement often prevents bigger problems.
What can I recover in a construction dispute?
Damages you can recover depend on the type of dispute and what your contract allows. Common recoveries include unpaid contract amounts, extra work costs, delay damages, repair costs for defective work, and in some cases attorney's fees if your contract includes a fee-shifting provision.
What documentation do I need for a construction dispute?
Key documents include your construction contract, change orders, payment records, correspondence (emails, texts, letters), project schedules, inspection reports, and photos of the work. Even informal documentation like text messages can be important. Don't worry if you don't have everything organized. We can help you identify what matters most for your specific dispute.
Can I still work with the other party if I hire a lawyer?
Yes. Having legal representation doesn't mean relationships are over or that litigation is inevitable. Many of our clients continue working with the other party during negotiations or dispute resolution. An attorney's involvement can actually improve communication by clarifying legal positions and facilitating productive discussions rather than emotional arguments.
What if my construction contract requires mediation or arbitration?
If your contract includes a dispute resolution clause requiring mediation or arbitration, you're generally bound to follow that process before filing a lawsuit. However, there are exceptions for mechanics liens and other time-sensitive remedies that can proceed outside the contractual dispute resolution process.
For more information about construction disputes and resolution options, see our Construction Disputes FAQs. For an overview of negotiation, mediation, arbitration, and litigation, read our blog post on how construction disputes are resolved in Illinois.
Ready to Talk to a Chicago Construction Dispute Lawyer?
If you're dealing with a construction dispute in Chicago, Cook County, or the surrounding area, or see one coming, you don't have to figure this out alone.
Schedule a free, confidential consultation with an experienced construction litigation attorney to discuss your situation and what makes sense as a next step.
Schedule a Free ConsultationWhat to Expect During Your Consultation
During your free consultation, we'll review your situation, discuss your options, and give you a clear picture of what makes sense going forward. Have any contracts, correspondence, or documentation you have handy, but don't worry if you don't have everything organized yet. We'll help you figure out what matters.