Fort Collins Construction Dispute Lawyers

Find the right Construction Dispute attorney in Fort Collins, CO

Construction Dispute Law in Colorado

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

Most often, the owners of land and contractors can end disagreements before they get too serious, thus eliminating the need for litigation. Most contracts governing construction projects have built-in remedies for the most common problems, typically requiring the party that causes a delay or other problem to pay the other party a set fee.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get engaged. 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 (usually 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).

Construction Dispute litigation in Fort Collins, Colorado is typically time-consuming and expensive. But it is sometimes necessary, typically as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Fort Collins, Colorado

Construction Delays: Delays in construction are prevalent sticking points between contractors and landowners. These delays can sometimes lead to litigation, especially if the construction contract makes it clear that time is an important factor, or if the contract mandates a certain completion date. In such situations, a court will often award the landowner compensation for any monetary losses he or she suffered as a result of the delay.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will typically file a lawsuit to recover what is owed. Of course, the owner will typically claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to decide if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (typically smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, nonetheless, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. Nonetheless, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Lien: When a contractor wins a case against a client for nonpayment of the contract price, and the client still declines to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Typically, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the funds to the contractor, to secure payment.

Can a Fort Collins, Colorado Attorney Help?

If you have a construction dispute, you should first try to resolve it amicably with the other party. If this fails, it is almost always crucial to hire a Fort Collins, Colorado construction disputes attorney, who can advise you on the next steps in the process.

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Life in Fort Collins

Fort Collins is a medium-sized city. It is a home-rule municipality, meaning that it is not part of any county, and the state of Colorado has delegated some of its authority to the city, which the city can exercise within its own borders. It has a population of about 137,000. Fort Collins is generally known as a college town, being home to Colorado State University. The city of Fort Collins frequently ranks near the top of Money Magazine's list of best places in the U.S. to live. Because of the large college-aged demographic, Fort Collins has a thriving music and art scene, as well as a large number of well-regarded microbreweries. Fort Collins has a healthy and diverse economy, with major employers such as Colorado State University, Hewlett Packard, AMD, Wal-Mart, and many others providing thousands of public and private-sector jobs, in a wide variety of fields. Given its size, diversity, and vitality, it should come as no surprise that, with all the business that's done in Fort Collins, there are sometimes legal issues. For that reason, it shouldn't be a surprise that there are many Fort Collins, Colorado lawyers who are very skilled. If you're facing a legal issue, a Fort Collins, Colorado lawyer can help.

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