Scottsdale Construction Dispute Lawyers

Scottsdale Construction Dispute Lawyers, AZ

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Construction Dispute Law in Arizona

When a property owner and a general contractor contract for a construction project to take place on some property in Scottsdale, Arizona, whether it's a house, some landscaping, or a remodeling project, there is always a risk 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 immersed. 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 (typically 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 a Scottsdale, Arizona construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other avenues.

Examples of Construction Disputes That Might Lead to Litigation in Scottsdale, Arizona

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 particular 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 normally 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 normally 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 Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner declines to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This authorizes the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.

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Can a Scottsdale, Arizona Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an accomplished Scottsdale, Arizona real estate attorney might mean the difference between success or failure in your business ventures.

418 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Scottsdale

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Life in Scottsdale

Located in Maricopa County, Scottsdale is truly one of the desert state's gems. With a population of 245,000 the sizeable city is a vacation destination for many people across the country. Not surprisingly, Scottsdale has more spas than any other city in the country, a number that sees spa-seekers visiting the city year round for some much needed rest and relaxation.

Scottsdale is often described as the "South Beach in the desert" because of the busy nightlife scene and many luxury hotels that the Arizona city has to offer. And what nightlife is complete without many of the nation's top cities to serve the clientele before their night on the town. Scottsdale sits in the middle of two other popular Arizona cities -- Phoenix and Paradise Valley.

Scottsdale is also famous for the many golf courses the city has to offer beginners and professionals. In fact, the Robb Report dubbed Scottsdale "The Best City to Live in for Golf." In addition to golf, Scottsdale is home to many professional and minor league sports teams. The Arizona Cardinals (NFL), Phoenix Suns (NBA), Phoenix Coyotes (NHL), and Arizona Diamondbacks (MLB) all call Scottsdale home. 

Scottsdale also has some college charm as it is home to Arizona State University. The Sun Devils have a great law school that produces many of Scottsdale's top lawyers. WIth a city of this size, Scottsdale lawyers are skilled in a range of practice areas to serve their clientele ranging from professional athletes, to a citizen with an everyday legal question.

Scottsdale is a wonderful city to work, play, and relax in and the desert climate makes it a great place to be any month of the year!

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