Fairfield Construction Dispute Lawyers

Find the right Construction Dispute attorney in Fairfield, OH

Construction Dispute Law in Ohio

Owners of real estate in Fairfield, Ohio 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.

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 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 disagreements 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 Fairfield, Ohio is regarded a last resort. However, in rare cases, it does become necessary.

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

Delays in Construction: Delays are frequently points of contention between contractors and landowners. Contracts sometimes have clauses which explicitly state that the project needs to be completed by a certain date, or penalties will be imposed on the contractor (reduced payments, for example). However, if the contract doesn't contain such built-in remedies, or one party refuses to abide by them, litigation may be necessary. If a contractor causes a delay that it could have prevented, it will typically be liable to the landowner for any harm resulting from it.

Owner's refusal to pay: Contractors can also be the victims in construction disagreements. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Alternatively, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these situations, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon 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: 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 Fairfield, Ohio Attorney Help?

If you have a construction dispute, you should first try to resolve it amicably with the other party. If this fails, it is almost always imperative to hire a Fairfield, Ohio construction disputes attorney, who can advise you on the next steps in the process.

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Life in Fairfield

Fairfield, Ohio is a city that straddles Butler and Hamilton counties. It has a population of about 43,000 people. The area currently known as Fairfield was originally settled in 1877, by the Groh family. It was born out of a 50 acre land purchase in Fairfield Township. Modernly, Fairfield is a relatively quiet residential community. Since 2001, it has had a modern, central, "downtown" area, in the form of the Village Green Park development project. It serves as a commercial center with many pedestrian-accessible dining and shopping options. In the last decade, Fairfield, Ohio has undergone significant redevelopment, which was capped of with the completion of a community arts center, along with a new public library. Fairfield is home to the Cincinnati Mall, a large shopping center, as well as "Jungle Jim's International Market," which is something of a theme park for food, and sports a wide variety of international foods, as well as elaborate animatronics displays. If you live in the Fairfield, Ohio area, chances are good that you'll be able to find a lawyer who's qualified to handle whatever legal problem you might be facing. Fairfield, Ohio lawyers are skilled and competent, and like most lawyers, care about their clients' problems. It's almost certain that, no matter what your legal problem is, there's at least one Fairfield, Ohio lawyer who can handle it.

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