Portland Construction Dispute Lawyers

Find the right Construction Dispute attorney in Portland, OR

Construction Dispute Law in Oregon

Landowners and contractors in Portland, Oregon frequently contract with each other for major construction projects. With any large construction projects, some small delays or problems are all but inevitable, but they don't usually derail the project or lead to major disputes between the parties.

Typically, contractors and landowners can resolve minor disputes amongst themselves, without having to resort to litigation. Frequently, construction contracts contain built-in remedies for mistakes and delays that can be easily corrected, such as payments to the owner for every day the project is delayed.

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 Portland, Oregon 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 Portland, Oregon

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.

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 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. Typically, 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 Portland, Oregon 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 Portland, Oregon construction disputes attorney, who can advise you on the next steps in the process.

Talk to a Real Estate Law Attorney now!

Life in Portland

Portland may be the 3rd most populous city in the Pacific Northwest but it's one of the most popular. Known as one of the greenest cities in the world, Portland has used city planning and public transportation to lessen residents' impact on their surrounding environment. In fact, Portland has been named the second most eco-friendly place behind Reykjavik, Iceland by Grist Magazine, and in top 10 greenest cities by Move, Inc.

P-town residents live among some of the most innovative microbreweries and distilleries. Widmer Brothers, Henry Weinhard, and Michael "Beerhunter" Jackson even dubbed Portland beer capital of the world. Portland Mayor Tom Potter nicknamed the city "Beertown."

Most people probably know Portland as the location of the Nike Headquarters (known as the Nike Campus) but the city also plays host to KEEN, Adidas, Columbia Sportsware, U.S. Bank, Oregon Steel Mills, Willamette Industries, and Louisiana-Pacific. Since the city is known as a "green city" you won't be too surprised to find there are a number of alternative energy companies there like Vestas Wind Systems.

Portland is unique in that the city hosts the worlds largest, and even legally sanctioned in Portland court, naked bike ride. The annual World Naked Bike Ride began in 1999 with less than seven participants but has grown to over 13,000. Another legal oddity you may not know is that there are very strong speech protections in the Oregon constitution that extend to full nudity and lap dances in strip clubs. Not by coincidence, Portland has more strip clubs per capita than Las Vegas or San Francisco.

If you need some help navigating these sometimes confusing courts, consult a local Portland lawyer today.

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