Neenah Construction Dispute Lawyers

Construction Dispute Law in Wisconsin

Construction contractors and landowners in Neenah, Wisconsin sometimes end up in disagreements when a project that the landowner contracted for doesn't go exactly to plan. Truth be told, in any significant construction project, a few minor disputes are almost guaranteed.

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.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get engaged. For example, a construction contract may require mediation before any further action is taken. Mediation is a process by which a third party tries to guide the parties to the dispute to a settlement. The mediator cannot, however, render any binding decision. Another avenue is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (usually enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has benefits over litigation, as the parties can have a say in choosing the arbitrator (allowing them to have their case arbitrated by an expert on construction disputes, for example).

Litigation of a Neenah, Wisconsin construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other avenues.

Examples of Construction Disputes That Might Lead to Litigation in Neenah, Wisconsin

Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a specific date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a 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 typically file a lawsuit to recover what is owed. Of course, the owner will typically 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 typically hire other, smaller contractors to do some of the work for them. This is typically 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 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 Neenah, Wisconsin Attorney Help?

Construction disputes and disagreements can be very challenging to deal with alone. The assistance of a Neenah, Wisconsin real estate attorney can make the process of dealing with these disputes much quicker and easier.

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Life in Neenah

Comprising a total of 8.6 square miles, Neenah, Wisconsin is located on beautiful Lake Winnebago. The approximately 25,000 lucky residents of the lakeside city enjoy all the perks of its picturesque location. Neenah was named for the Winnebago tribe's word for running water. Neenah was first founded in the 1800's, and originally designated as an agricultural and industrial mission to the local Menominee Indians. Neenah is home to many of the nation's major steel and paper companies. Additionally, it also houses Neenah Foundry-- a famous manhole cover producer. On the artistic side, Neenah's Bergstrom-Mahler Museum houses over 3,000 pieces of world-renowned glass art, mainly comprised of paperweights and Germanic glasswork. Not surprisingly, the museum is one of the most popular places to visit in the city. Neenah is politically independent from the town of Neenah, although its location would cause a casual oberver to reason otherwise! One thing Neenah is not lack is quality lawyers. Neenah lawyers are at the top of their game and available to represent their local clients in any legal issue he or she may find themselves dealing with. Neenah is a great city to work and visit.

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Construction Dispute Law in Wisconsin

Examples of Construction Disputes That Might Lead to Litigation in Neenah, Wisconsin