Bethesda Construction Dispute Lawyers

Construction Dispute Law in Maryland

When the owner of some real estate and a contractor enter an agreement for a construction project in Bethesda, Maryland, 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.

In the majority of cases, it's possible for landowners and contractors to resolve disagreements amicably. There are many ways to do this, such as a simple verbal agreement to lower the contract price due to a mistake made by the contractor, for example, or an agreement to a slight price increase in the event of unforeseen obstacles beyond the control of either party.

Even if a third party gets incorporated, it does not always need to be a court. Private mediators can assist the parties reach a settlement, or a private arbitrator who is an expert on construction litigation can render a binding decision, if mediation and negotiation fail and the parties can't resolve their dispute.

Construction Dispute litigation in Bethesda, Maryland is typically time-consuming and expensive. But it is sometimes necessary, typically as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Bethesda, Maryland

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: 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 typically 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 considerably less than the contract price.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, typically specialized tasks like installing plumbing. Nonetheless, no matter how much of the work is performed by subcontractors, the general contractor (the one that the client actually hired to do the project) is liable to the landowner as if it were doing all the work itself. This essentially means that, if a subcontractor messes up, the general contractor is the one who gets sued. But all is not lost in such a situation. If the general contractor has to compensate the owner because of the mistakes of a subcontractor, it can sue the subcontractor for whatever it had to pay to the landowner.

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 permits 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 Bethesda, Maryland 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 Bethesda, Maryland construction disputes attorney can be of great help.

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Life in Bethesda

Bethesda is located in Montgomery County, Maryland. It is northwest of Washington D.C. The city was named after a local church--the Bethesda Meeting House. It is known as one of Maryland's most affluent and highly educated communities. In facts, Forbes Magazine listed it first in "America's Most Educated Small Towns."

Two popular sites include The National Institute of Health and the National Naval Medical Center Other attractions include Capital Crescent Trail, Burning Tree Club, and Bethesda Avenue.

Large corporations that have a presence in Bethesda include American Capital, AREVA, Inc., Cambridge Information Group, Coventry Health Care, GetWellNetwork, HMSHost, Honest Tea, Host Hotels Resorts, Iridium Satellite LLC, Lockheed Martin, Marriott International, Ritz Carlton, and the United States Enrichment Corporation. Although not large, the legal industry does have a presence in Bethesda as well because the city is home to attorneys who practice in various fields of law.

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Construction Dispute Law in Maryland

Examples of Construction Disputes That Might Lead to Litigation in Bethesda, Maryland