Magnolia Construction Dispute Lawyers

Magnolia Construction Dispute Lawyers, AR

Find the Right Lawyer Now

Construction Dispute Law in Arkansas

When a property owner and a general contractor contract for a construction project to take place on some property in Magnolia, Arkansas, whether it's a house, some landscaping, or a remodeling project, there is always a chance that something can go wrong. In fact, at least a very minor setback may be more likely than not.

Most often, landowners and construction contractors are able to resolve minor to moderate disagreements between themselves, and litigation is rarely necessary. Nobody likes litigation, so, to this end, most construction contracts have built-in remedies in case something goes wrong, like set price reductions if construction is delayed.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get involved. For example, a construction contract may require mediation before any further action is taken. Mediation is a process by which a third party tries to guide the parties to the dispute to a settlement. The mediator cannot, however, render any binding decision. Another avenue is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (generally enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has benefits over litigation, as the parties can have a say in choosing the arbitrator (allowing them to have their case arbitrated by an expert on construction disputes, for example).

Litigation of construction disputes in Magnolia, Arkansas can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occasions where it is the only option.

Examples of Construction Disputes That Might Lead to Litigation in Magnolia, Arkansas

Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a certain date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a delay.

Refusal to Pay: Contractors can be on the other side of legal disagreements, as well. Sometimes, the landowners who hired them refuse to pay. This is usually because the landowner believes that the contractor didn't perform under the terms of the contract, or that the work was unsatisfactory. If this is the case, it may ultimately be up to a court to decide who is right. If the contractor did, in fact, do poor work, the landowner will be excused, at least in part, from his duty to pay. If, on the other hand, the work was satisfactory, the court will order the landowner to pay the contract price immediately, and may award further damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is usually a great deal of specialized work to be done which they aren't equipped to handle. As a result, they hire other contractors, who, in this arrangement, are subcontractors, to do some of the work. Nonetheless, the general contractor (the one that the landowner hired to do the work) is still accountable for the completion of the project - if a subcontractor causes a problem, the general contractor is on the hook for it. This sometimes leads to landowners suing general contractors for the mistakes of subcontractors. If the general contractor loses, and has to pay the client, the general contractor can then sue the subcontractor for whatever amount of money it had to pay.

Mechanic's Lien: If the contractor wins in a case against the land owner, and the court orders the owner to pay the contractor for services rendered, the contractor needs a way to secure payment, if the owner refuses. In some cases, a mechanic's lien allows the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Find a Magnolia Lawyer that Specializes in Your Area of Need:

Can a Magnolia, Arkansas Attorney Help?

If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes imperative, and a Magnolia, Arkansas construction disputes attorney can be of great help.

16 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Magnolia

Construction Dispute Attorneys in the Largest AR Cities

Show Arkansas Cities

Construction Dispute Lawyers in Other Arkansas Cities and Towns


Find the Right Lawyer Now

Top Rated Lawyers

View attorney profiles and see how other LegalMatch users rate attorneys that may respond to your case.

Employment and Labor Law Lawyer
LegalMatch Employment and Labor Law Lawyer Joel C.

Joel C.

COLUMBIA, AR

Employment and Labor Law

Rating (19 users) *****
See Reviews
General Practice Lawyer
LegalMatch General Practice Lawyer Timothy W.

Timothy W.

INDEPENDENCE, AR

General Practice

Rating (3 users) *****
See Reviews
Criminal Law Lawyer
LegalMatch Criminal Law Lawyer Kevin S.

Kevin S.

SAN BERNARDINO, CA

Criminal Law

Rating (5 users) *****
See Reviews
Family Law Lawyer
LegalMatch Family Law Lawyer Nefertiti J.

Nefertiti J.

PHILADELPHIA, PA

Family Law

Rating (2 users) *****
See Reviews

Need a Real Estate Lawyer?

No obligation - Lawyers compete for your case. Choose your issue & get started now:

Magnolia Construction Dispute lawyer, Magnolia Construction Dispute attorney, Magnolia Construction Dispute lawyers, Magnolia Construction Dispute attorneys, Construction Dispute attorney in Magnolia