Fairfield Construction Dispute Lawyers

Construction Dispute Law in Connecticut

When a property owner and a general contractor contract for a construction project to take place on some property in Fairfield, Connecticut, 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 Fairfield, Connecticut 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 Fairfield, Connecticut

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.

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 typically 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 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 Liens: If the contractor sues a land owner and wins, he will likely obtain a monetary judgment. If the owner declines to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It permits a contractor to force the sale of the land or other real property that he just worked on, and use those proceeds to cover costs.

Can a Fairfield, Connecticut Attorney Help?

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

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Life in Fairfield

Fairfield, Connecticut is a city located in Fairfield County. It has a population of approximately 57,000 people. Fairfield has been ranked by Money Magazine as one of the top 10 places to live in the U.S. It was ranked by the same publication as the best place to live in the Northeast, owing to its high median household income, relatively low home prices, extremely low crime rates, and quality of schools, among many other factors. Fairfield was originally established in the 1630s by a breakaway Puritan sect from the Massachusetts Bay Colony. During the American Revolutionary War, Fairfield was the site of significant fighting, and was particularly hard-hit by the ruthless, scorched-earth tactics of some British commanders, with many residents having their homes and businesses burned. Modernly, Fairfield, Connecticut is home to a large number (for a city its size) of major multinational corporations, including General Electric. It shouldn't be a surprise, then, that Fairfield, Connecticut is home to quite a few competent attorneys, who have to be ready to serve an extremely diverse and sophisticated client base. It's very likely that, whatever Fairfield, Connecticut lawyer you choose, they'll be able to help you with your legal problem.

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Construction Dispute Law in Connecticut

Examples of Construction Disputes That Might Lead to Litigation in Fairfield, Connecticut