Dayton Construction Dispute Lawyers

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Construction Dispute Law in Ohio

Owners of real estate in Dayton, Ohio often 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 overwhelming majority of instances, however, these problems are resolvable, and do not lead to major disputes. Being rational, business-minded adults, landowners and construction contractors are usually able to resolve disputes amongst themselves. After all, both stand to gain if the project is completed, and the contractor is paid.

Even if the parties can't easily resolve their disputes, and someone else needs to intervene, that somebody doesn't always need to be a judge or jury. Many construction disputes call for mediation, during which a neutral third party helps the parties to the dispute negotiate a settlement. They might also go through arbitration, during which a third party renders a binding decision.

Because of the large cost in time and money involved, litigation in Dayton, Ohio is considered a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Dayton, Ohio

Construction Delays: Delays in construction are common 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: Contractors can be on the other side of legal disputes, as well. Sometimes, the landowners who hired them refuse to pay. This is usually because the landowner believes that the contractor didn't perform under the terms of the contract, or that the work was unsatisfactory. If this is the case, it may ultimately be up to a court to decide who is right. If the contractor did, in fact, do poor work, the landowner will be excused, at least in part, from his duty to pay. If, on the other hand, the work was satisfactory, the court will order the landowner to pay the contract price immediately, and may award additional damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is usually a great deal of specialized work to be done which they aren't equipped to handle. As a result, they hire other contractors, who, in this arrangement, are subcontractors, to do some of the work. However, the general contractor (the one that the landowner hired to do the work) is still responsible for the completion of the project - if a subcontractor causes a problem, the general contractor is on the hook for it. This sometimes leads to landowners suing general contractors for the mistakes of subcontractors. If the general contractor loses, and has to pay the client, the general contractor can then sue the subcontractor for whatever amount of money it had to pay.

Mechanic's Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner refuses 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 allows 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 Dayton, Ohio Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an experienced Dayton, Ohio 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 Dayton

Dayton is located in Montgomery County, Ohio. The approximate population is 141,527 and is seen as the fourth largest metropolitan area in Ohio.

What Dayton is known for is its involvement in the industrial, aerospace, and engineering research industry. The Wright-Patterson Air Force Base has had a significant impact on Dayton's involvement in innovation via these industries. Overall, Dayton's economy is seen as a service-oriented economy. These services include legal services. Dayton is home to many small and mid-size law firms practicing in all areas of law. Thus, Dayton residents and businesses should rest assured because the legal services industry is capable of handling all legal inquiries and issues.

Dayton is also home to many attractions for tourists. Such attractions include The National Museum of the United States Air Force, the National Aviation Hall of Fame, the Dayton Art Institute, the Boonshoft Museum of Discovery, the Dayton Aviation Heritage National Historical Park and America's Packard Museum.

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