Rapid City Construction Dispute Lawyers

Construction Dispute Law in South Dakota

Landowners and contractors in Rapid City, South Dakota often 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.

Most often, landowners and construction contractors are able to resolve minor to moderate disputes between themselves, and litigation is rarely necessary. Nobody likes litigation, so, to this end, most construction contracts have built-in remedies in case something goes wrong, like set price reductions if construction is delayed.

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 usually 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 process through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be faster and cheaper than litigation, and it has some other advantages, as well.

Litigating a construction dispute in Rapid City, South Dakota is definitely not something that anybody likes doing. However, it is sometimes necessary, as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Rapid City, South Dakota

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.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will usually file a lawsuit to recover what is owed. Of course, the owner will usually 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 determine 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, usually specialized tasks like installing plumbing. However, 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 basically 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 lawsuit against a client for nonpayment of the contract price, and the client still refuses 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. Essentially, 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 proceeds to the contractor, to secure payment.

Can a Rapid City, South Dakota Attorney Help?

If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes necessary, and a Rapid City, South Dakota construction disputes attorney can be of great help.

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Life in Rapid City

Rapid City is located in South Dakota. In fact, it is the second largest city in the state. Just as it has an exciting name, the city also has many attractions for visitors to see! These attractions include Bear Country, the Journey Museum, the Dahl Arts Center, Mt. Rushmore Black Hills Gold Factory Tours, Reptile Gardens, Watiki Indoor Waterpark, Mammoth Site and the Devils Tower National Monument.

Rapid City is amongst the Black Hills. Interestingly, it is home to the longest caves in the world. It also has one of the lowest unemployment rates in the U.S.!

With so much going on in one place, it is natural that the legal force would also have a presence. To support local businesses and residents, Rapid City is home to many experienced attorneys. These attorneys are able to advise clients in all areas of laws and are easily able to handle legal matters.

Overall, Rapid City is a must-see place to visit.

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Rapid City Construction Dispute Lawyers

Construction Dispute Law in South Dakota

Examples of Construction Disputes That Might Lead to Litigation in Rapid City, South Dakota