Pueblo Construction Dispute Lawyers

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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 Pueblo, 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).

Litigation of a Pueblo, Colorado 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 Pueblo, Colorado

Major Delays: If the contractor or a subcontractor is at fault in causing a considerable delay to a project (several months, for example), this may lead to a lawsuit. If the contract stated that time was of the essence for some reason (maybe the project was a new store that the owner hoped to open before the holiday shopping season, for example), a court can typically award the owner any damages that were caused by the delay.

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." Alternatively, 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.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is typically 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 permits 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 Pueblo, Colorado 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 Pueblo, Colorado construction disputes attorney can be of great help.

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Life in Pueblo

Pueblo is located Colorado and is the county seat for Pueblo County. It has a population of about 107,000 people and is situated near the Arkansas River. Pueblo, Colorado is a "Home Rule" or self-governing municipality. It is located in what is known as the "banana belt" region in Colorado. This region has much warmer climate than most of Colorado, with significantly less amounts of snow fall. As one of America's top producers of steel, Pueblo is often known as "the Steel City". The Federal Citizen Information Center is also located in Pueblo, Colorado and is one of the city's top employers. Pueblo is also considered Colorado's best location for solar energy and is an ideal location for solar power companies. The city is also called the "Home of Heroes", as a number of Medal of Honor recipients are from Pueblo.

Attractions in Pueblo, Colorado include the Rosemount Museum, the Pueblo Zoo, and Pueblo Motorsports Park. Recreational activities are abundant in Pueblo, with opportunities for disc golf, aquatics classes, and senior activities. Pueblo also has an extensive trail system that allows people to experience the region's lush outdoor environment. Other favorites include Friday Art Walks and downtown shopping.

Pueblo lawyers offer a variety of legal services and typically file their claims at the Pueblo Municipal Court. The Court has expanded its use of technology and computers to enhance its efficiency. Lawyers in Pueblo, Colorado are an important part of the city's social and communal life.

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