Lowell 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 Lowell, Massachusetts, be it a house, landscaping project, or wide office building, there's always a chance that issues 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 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.

Construction Dispute litigation in Lowell, Massachusetts is normally time-consuming and expensive. But it is sometimes necessary, normally as a last resort.

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

Construction Delays: Delays in construction are frequent 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: Disagreements can also arise from a client's refusal or inability to hold up his end of the deal. Sometimes, once a project is complete, or nearly so, a landowner will express an unwillingness to pay the contractor for his services. There might be a variety of reasons for this - sudden loss of money, or dissatisfaction with the quality of the work are a few examples. It's rare that a client will refuse to pay a contractor simply because they don't feel like it (and if that is the reason, they'll normally come up with a better one to argue in court). In these cases, a court will occasionally have to decide if the client is obligated to pay the full price. If the work was, indeed, not up to the standards laid out in the contract, the contractor is not entitled to the full price, but is still entitled to the actual value of the work, even if it's substantially less than the contract price.

Subcontractor Disputes: With very massive construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. Nonetheless, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very essential to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other issue, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

Mechanic's Liens: Sometimes, when a contractor wins in a case against the landowner who hired him or her, and obtains a court order for payment, the contractor will still refuse to pay. Since a money judgment isn't worth much without a way to enforce it, the laws of many states have evolved to authorize what's known as a "mechanic's lien." As a last resort, if a landowner refuses to pay the contractor for work done on the property, the contractor can force a sale of the property, and keep the proceeds, up to the amount of money owed.

Can a Lowell, Massachusetts 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 Lowell, Massachusetts construction disputes attorney can be of great help.

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Life in Lowell

Lowell, Massachusetts is the fourth largest city in the state with a population of over 106,000. Along with Cambridge, Lowell serves as the county seat for Middlesex County. Lowell is most famous for being "the birthplace of the industrial revolution" within the U.S. It was the first U.S. city to have phone numbers, and Alexander Graham Bell once demonstrated the telephone in Lowell.

The city offers many of the amenities of a large city, while at the same time maintaining a small-town culture. Neighborhoods in Lowell, Massachusetts proudly display historic homes in a variety of styles, such as Colonials, Capes, Ranches, and Victorians. Lowell is also one of the oldest cities in the state and has produced many outstanding figures in American history, such as author Jack Kerouac and entertainer Ed McMahon.

In addition to preserving its rich history, Lowell is known for constantly employing new technologies and innovations. For example, the city is home to Lowell Telecommunications, which is a dynamic, evolving community media center. The Revolving Museum is another facility that offers public art exhibits and educational programs. Lowell's focus on economic and business development has provided the community with ample opportunities for progress and advancement.

Many lawyers in Lowell, Massachusetts work closely with the Lowell District Court. Lowell lawyers offer legal services in many different fields to cover the needs of the community. Lowell is known for being host to a large number of civic service organizations, which many lawyers are active in.

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Construction Dispute Law in Massachusetts

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