Litigation

In addition to the obvious differing interests between the parties, construction litigation derives from the inability of individuals to communicate effectively and purposefully. Arguments between the owner and the builder probably began before the Tower of Babel project-and continue to this day.

Effective planning and a detailed contract agreement made in advance for any given project may reduce the number of construction disputes. Avoiding disputes and litigation in the first place is far favorable to having a judge or jury decide the fates of parties involved in construction disagreements. Toby Byrd’s years of experience as a general contractor make him uniquely qualified to advise builders, owners and sub-contractors on litigation-avoidance procedures.

If litigation is imminent, or has begun, Mr. Byrd is skilled at assessing under-lying causes, evaluating the worthiness of a proposed claim and providing advice and counsel appropriate for bringing the matter to a favorable conclusion. Unlike many attorneys, because of his practical experience, he does not require a lengthy learning curve to understand construction projects.

Mr. Byrd’s years as an arbitrator for the American Arbitration Association have made him especially effective as a mediator and facilitator for cases that don’t really belong in the courtroom. Equally successful in representing the builder or the owner, Mr. Byrd’s ability to understand construction terms, to spot inferior workmanship, materials, procedure or performance, and to suggest practical solutions is invaluable.

ElderLaw

Litigation

General Practice