Middletown Construction Dispute Lawyers

Construction Dispute Law in New Jersey

Owners of real estate in Middletown, New Jersey frequently contract with other parties ("contractors") for construction on the property they own. Such projects are likely to suffer at least a few minor setbacks, and any project also carries the risk of major setbacks, delays, or unexpected costs.

Most often, landowners and construction contractors are able to resolve minor to moderate disagreements between themselves, and litigation is rarely necessary. Nobody likes litigation, so, to this end, most construction contracts have built-in remedies in case something goes wrong, like set price reductions if construction is delayed.

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 typically 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.

Litigation of construction disputes in Middletown, New Jersey can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occurrences where it is the only option.

Examples of Construction Disputes That Might Lead to Litigation in Middletown, New Jersey

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 specific 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.

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: With very considerable 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 important 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 permit 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 Middletown, New Jersey Attorney Help?

Construction disputes and disagreements can be very challenging to deal with alone. The assistance of a Middletown, New Jersey real estate attorney can make the process of dealing with these disputes much quicker and easier.

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Life in Middletown

Middletown, a.k.a. Middle Township, is in Monmouth County, New Jersey. It was originally formed on October 31, 1693 and became a township via an Act of the New Jersey Legislature on February 21, 1798.

Interestingly, in 2006, 2008, and 2010 Middletown was voted in the Top 100 list for the Best Places to Live by CNN Money Magazine.

Middletown is also home to many practicing attorneys who are able to provide local businesses and residents with the appropriate legal guidance.

Past and present famous residents include Pete Capella, Knowshon Moreno, Christian Peter, Jason Peter, Maury Povich, Geraldo Rivera, E.W. Swackhamer, Kevin Smith, Bob Tucker, Billy Van Zandt, Max Weinberg, Bill Weber, Tom Wilkens, and Brian Williams.

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Middletown Construction Dispute Lawyers

Construction Dispute Law in New Jersey

Examples of Construction Disputes That Might Lead to Litigation in Middletown, New Jersey