Cambridge Construction Dispute Lawyers

Construction Dispute Law in Massachusetts

When the owner of some real estate and a contractor enter an agreement for a construction project in Cambridge, Massachusetts, be it a house, landscaping project, or huge office building, there's always a chance that problems will come up, no matter how careful everyone is. A few minor setbacks are almost inevitable, in fact.

Most often, the owners of land and contractors can end disputes 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.

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 usually 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 process through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be faster and cheaper than litigation, and it has some other advantages, as well.

Because of the large cost in time and money involved, litigation in Cambridge, Massachusetts is considered a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Cambridge, Massachusetts

Delays in Construction: Delays are often points of contention between contractors and landowners. Contracts sometimes have clauses which explicitly state that the project needs to be completed by a certain date, or penalties will be imposed on the contractor (reduced payments, for example). However, if the contract doesn't contain such built-in remedies, or one party refuses to abide by them, litigation may be necessary. If a contractor causes a delay that it could have prevented, it will usually be liable to the landowner for any harm resulting from it.

Owner's refusal to pay: if the contractor finishes a project to specifications, and the owner of the property doesn't pay the contractor, the contractor will most likely file a lawsuit to recover the agreed-upon price. In such cases, the owner will usually argue that the contractor's work wasn't of acceptable quality. In these cases, the court must decide who first breached the contract. In these cases, it's the party who did not breach first who wins the lawsuit. If the court finds that the contractor breached the contract through sub-quality work product, the owner will not be liable for payment (though he may have to pay for materials and labor), and if the court finds that the construction was acceptable, the owner has to pay, because he is the party in breach.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is usually 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. However, the general contractor (the one that the landowner hired to do the work) is still responsible 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 lawsuit 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 Cambridge, Massachusetts Attorney Help?

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

Talk to a Real Estate Law Attorney now!

(where you need legal help)

Can't find a category?

Life in Cambridge

Cambridge is part of the Greater Boston area. It is home to famous universities such as Harvard University and Massachusetts Institute of Technology. Cambridge is home to around 105,162 people. It is the fifth largest city in Massachusetts.

Top employers include both Harvard and Massachusetts Institute of Technology, Mount Auburn Hospital, Biogen Idec, Genzyme, Novartis, and the Charles Stark Draper Laboratory. Many attorneys also live in or near Cambridge. Boston is home to many top-rated multinational law firms. There are also many small to mid-size law firms there as well. These firms train their attorneys to be the best and to succeed in winning any and every case, no matter how complicated the legal matter is.

Being such a historic place, there are any museums to visit in Cambridge. Popular attractions include the Harvard Art Museum, the Busch-Reisinger Museum, the Fogg Art Museum, the Arthur M. Sackler Museum, the Harvard Museum of Natural History, the Peabody Museum of Archaeology and Ethnology, Semitic Museum, MIT Museum, and the List Visual Arts Center at MIT.

Cambridge, with its historical influence, also has many wonderful buildings to visit and tour that depict beautiful architecture. Such buildings include the Asa Gray House, Elmwood House, the First Parish in Cambridge, Harvard Lampoon Building, Urban Rowhouse, and Memorial Hall at Harvard University.

Overall, Cambridge is a wonderful place to visit or call home.

Find a Lawyer

that specializes in your area of need

Real Estate Attorneys

in other Massachusetts cities and towns

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.

Real Estate, Housing & Property Law

Walnut Creek, CA

Choose Your Legal Category:

Choose Your Legal Category:

LegalMatch Resources

Construction Dispute Law in Massachusetts

Examples of Construction Disputes That Might Lead to Litigation in Cambridge, Massachusetts