Deltona Construction Dispute Lawyers

Construction Dispute Law in Florida

When a property owner and a general contractor contract for a construction project to take place on some property in Deltona, Florida, 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, 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, normally requiring the party that causes a delay or other problem to pay the other party a set fee.

Even if disagreements can't be resolved amongst the parties to the contract, they don't need to take their dispute into the court system. For instance, construction contracts normally call for mediation or arbitration before any disputes are resolved by the courts. Mediation is a process by which a third party serves as a sort of intermediary in settlement negotiations between the parties to the contract. The mediator can help keep negotiations on track, and suggest possible solutions the parties might not have thought of. The mediator can't issue a binding decision, however. Arbitration is a procedure through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be quicker and cheaper than litigation, and it has some other advantages, as well.

Litigating a construction dispute in Deltona, Florida is definitely not something that anybody likes doing. Nonetheless, it is sometimes necessary, as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Deltona, Florida

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.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will normally file a lawsuit to recover what is owed. Of course, the owner will normally 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: 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.

Can a Deltona, Florida Attorney Help?

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

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Life in Deltona

Deltona is Florida's twenty-ninth largest city with a population of about 85,182 people.

Common industries include retlai trade, manufacturing and construction. Many residents commute to surrounding cities for work. Similarly, residents look to surrounding communities for their legal needs. The surrounding areas of Deltona, such as DeBary and Lake Monroe, are filled with many law offices and small firms that train excellent attorneys to handle residents' legal needs.

Deltona is also famous for its beautiful parks. Popular parks include Tom Hoffman Park, Campbell Park, and the Lake Monroe Boat Ramp. These parks include open areas for kids to play, butterfly gardens, walking trails, volleyball courts, tennis courts, picnic areas, gazebos, shuffle board courts and boat docks. These parks offer residents a great place to cool off from Deltona's humid climate.

Overall, Deltona is a small community that offers its residents beautiful naturist spots and unity.

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Construction Dispute Law in Florida

Examples of Construction Disputes That Might Lead to Litigation in Deltona, Florida