Loveland Construction Dispute Lawyers

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 Loveland, Colorado, 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, 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, usually 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 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).

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

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

Delays: Some minor delays in a construction project are all but guaranteed to occur. Usually, if contracts require a specific completion date, the contractor will give itself longer than the project would take under ideal circumstances, to account for possible delays. Furthermore, construction contracts usually attempt to insure against delays, such as imposing fees on contractors if the project is delayed beyond a certain point. If no such clause is included in a contract, a court will usually award the client damages that could have been reasonably anticipated at the time the contract was entered into.

Owner's refusal to pay: Contractors can also be the victims in construction disagreements. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Instead, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these situations, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon price.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, usually specialized tasks like installing plumbing. Nonetheless, no matter how much of the work is performed by subcontractors, the general contractor (the one that the client actually hired to do the project) is liable to the landowner as if it were doing all the work itself. This essentially means that, if a subcontractor messes up, the general contractor is the one who gets sued. But all is not lost in such a situation. If the general contractor has to compensate the owner because of the mistakes of a subcontractor, it can sue the subcontractor for whatever it had to pay to the landowner.

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.

Can a Loveland, Colorado Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reputable Loveland, Colorado real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

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Life in Loveland

Loveland, Colorado is a city in Larimer County. It has a population of about 67,000 people, and is located about 45 miles north of Denver.

Loveland was founded in 1877, along the newly constructed Colorado Central Railroad. Throughout the first half of the 20th Century, Loveland's economy was heavily dependent on agriculture. However, after World War II, the economies of western states, including Colorado, began to boom. Modernly, Loveland, Colorado frequently receives national recognition for being one of the best places in the country to live.

Companies like Hewlett-Packard have a substantial presence in Loveland, Colorado, creating a large and diverse employment base.

Because of its robust economy, the lawyers of Loveland, Colorado have developed very sophisticated and competent practices. If you need legal advice in Loveland, Colorado, there's probably a lawyer nearby who can help.

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Construction Dispute Law in Colorado

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