Altoona Construction Dispute Lawyers

Construction Dispute Law in Pennsylvania

Landowners and contractors in Altoona, Pennsylvania commonly 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.

Normally, contractors and landowners can resolve minor disputes amongst themselves, without having to resort to litigation. Commonly, 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 immersed 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 normally 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 Altoona, Pennsylvania 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 Altoona, Pennsylvania

Delays: Some minor delays in a construction project are all but guaranteed to occur. Normally, if contracts require a specific completion date, the contractor will give itself longer than the project would take under ideal circumstances, to account for possible delays. Additionally, construction contracts usually attempt to insure against delays, such as imposing fees on contractors if the project is delayed beyond a certain point. If no such clause is included in a contract, a court will usually award the client damages that could have been reasonably anticipated at the time the contract was entered into.

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: With big construction projects, contractors normally hire other, smaller contractors to do some of the work for them. This is normally work of a specialized nature, which the general contractor isn't equipped to handle (such as plumbing or electrical wiring). The general contractor is the one who is responsible for the satisfactory completion of the project. If a subcontractor makes a mistake, or causes a delay, the general contractor is ultimately liable to the person who hired them. Nonetheless, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.

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 Altoona, Pennsylvania Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an accomplished Altoona, Pennsylvania real estate attorney might mean the difference between success or failure in your business ventures.

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Life in Altoona

Altoona is located in Blair County, Pennsylvania. Per the 2010 census it has a population of 46,320 people.

Some popular attractions include the Altoona Symphony Orchestra, Horeshoe Curve, the Railroaders Memorial Museum, the Juniata Shops of the Altoona Works, Mishler Theatre, Jaffa Shrine Center and the Cathedral of the Blessed Sacrament.

Earlier, Altoona's economy was primarily dependent on the railroad industry. This changed with time as the city began to urbanize. Now, the city depends more on local businesses. In fact a top employer is Sheetz. Sheetz is a large convenience store and gas station chain that is present in many states such as Pennsylvania, Ohio, and Virginia. There are many Sheetz locations (approximately twenty) in Altoona. Therefore it is one of the city's top employers. To support Sheetz and other businesses, the legal force in Altoona is strong. It has many competent attorneys who practice law in various fields. Thus, they are able to help local businesses and residents with their legal needs.

Some famous residents of Altoona include Janet Blair, Brad Benson, Michael Behe, Rob Boston, Sam Cohn, Ripper Collins, Henry Kloss, Star Jones, Tommy Irwin, and Mike Luzzolino.

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Construction Dispute Law in Pennsylvania

Examples of Construction Disputes That Might Lead to Litigation in Altoona, Pennsylvania