St. Cloud Construction Dispute Lawyers

Find the right Construction Dispute attorney in St. Cloud, MN

Construction Dispute Law in Minnesota

When the owner of some real estate and a contractor enter an agreement for a construction project in St. Cloud, Minnesota, 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 overwhelming majority of cases, however, these problems are resolvable, and do not lead to major disputes. Being rational, business-minded adults, landowners and construction contractors are typically able to resolve disputes amongst themselves. After all, both stand to gain if the project is completed, and the contractor is paid.

Even if someone else needs to get engaged to resolve a dispute, this does not automatically mean litigation is necessary. For example, the parties might attempt mediation, in which a neutral third party tries to help guide the parties to an agreement, but cannot render a binding decision himself. They might also agree to arbitration, during which a third party is able to render a binding decision. Arbitration is typically done through a private company, and may cost less than litigation, and is overseen by an arbitrator who is an expert in the relevant field.

Construction Dispute litigation in St. Cloud, Minnesota 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 St. Cloud, Minnesota

Major Delays: If the contractor or a subcontractor is at fault in causing a considerable delay to a project (several months, for example), this may lead to a lawsuit. If the contract stated that time was of the essence for some reason (maybe the project was a new store that the owner hoped to open before the holiday shopping season, for example), a court can typically award the owner any damages that were caused by 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.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (typically smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, nonetheless, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. Nonetheless, the contractor can then go after the subcontractor to recover whatever he 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 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 St. Cloud, Minnesota Attorney Help?

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

Talk to a Real Estate Law Attorney now!

Life in St. Cloud

With close to 70,000 residents, Saint Cloud, Minnesota is the largest city in Minnesota's central region. Saint Cloud is named after St. Cloud, France and has some charming French restaurants and culture paying homage to its namesake. Located on the banks of the Mississippi River, the picturesque city has a lot to offer residents and visitors. St. Cloud is just over an hour drive from Minneapolis and St. Paul, and an easy city to access from all around. St. Cloud islocated in three counties: Stearns County, Benton County, and Sherburne County and is also considered one of the fastest growing cities in the state of Minnesota. Comprising a total area of 30.9 miles, St. Cloud has over ninety parks within its city limits. St. Cloud also has thirty undeveloped small islands, which make for popular canoe and kayak adventures. As a city on the rise, it is no wonder that there is such a wonderful lawyer community in St. Cloud. St. Cloud lawyers are highly skilled in a range of practice areas, and available to help their neighbor with any issue he or she may be dealing with. The legal community in St. Cloud is growing as fast as the city itself, and it is a great time to use this resource!

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