New Rochelle Construction Dispute Lawyers

Find the right Construction Dispute attorney in New Rochelle, NY

Construction Dispute Law in New York

Owners of real estate in New Rochelle, New York commonly 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.

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 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 New Rochelle, New York 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 New Rochelle, New York

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.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will normally file a lawsuit to recover what is owed. Of course, the owner will normally claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to decide if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, normally 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 Lien: When a contractor wins a case against a client for nonpayment of the contract price, and the client still declines to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Basically, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the funds to the contractor, to secure payment.

Can a New Rochelle, New York Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a seasoned New Rochelle, New York 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!

Life in New Rochelle

Named by Money Magazine as one of their Top 100 Best Places to live in the United States, New Rochelle, New York has it all. The city, which is just a half hour train ride from the famous Grand Central Station is a New York gem to be enjoyed by residents and visitors alike. New Rochelle was first settled in the 1700's and it is a city that prides itself on its ethnic and religious diversity. New Rochelle was also the suburban neighborhood featured in the cult classic, Dick Van Dyke show. With views of the Long Island Sound from parts of the city, New Rochelle is home to just under 80,000 residents. With its close proximity to big city New York, New Rochelle has an abundance of fabulous lawyers to serve their local clients in issues ranging from family law to estate planning. New Rochelle lawyers are some of the best and brightest in their business. In addition to lawyers, New Rochelle also has many other professionals that add to the appeal of the city. On the cultural side, New Rochelle has lots of parks and museums for its residents to enjoy. No wonder New Rochelle is considered one of the best places to raise children. Not surprisingly, New Rochelle also has a nationally recognized public school system. New Rochelle has the nickname, "Home Town" because of the large number of single-family residential developments throughout the picturesque city.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.
Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.
Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.
David A.

Real Estate, Housing & Property Law

Walnut Creek, CA