Chandler Construction Dispute Lawyers
Construction Dispute Law in Arizona
When a property owner and a general contractor contract for a construction project to take place on some property in Chandler, Arizona, whether it's a house, some landscaping, or a remodeling project, there is always a risk that something can go wrong. In fact, at least a very minor setback may be more likely than not.
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.
And even if disputes can't be resolved so easily, the courts still don't necessarily have to get immersed. 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 option is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (typically enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has advantages 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 construction disputes in Chandler, Arizona can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) times where it is the only option.
Examples of Construction Disputes That Might Lead to Litigation in Chandler, Arizona
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 finishes a project to specifications, and the owner of the property doesn't pay the contractor, the contractor will most likely file a lawsuit to recover the agreed-upon price. In such cases, the owner will normally argue that the contractor's work wasn't of acceptable quality. In these cases, the court must decide who first breached the contract. In these cases, it's the party who did not breach first who wins the lawsuit. If the court finds that the contractor breached the contract through sub-quality work product, the owner will not be accountable for payment (though he may have to pay for materials and labor), and if the court finds that the construction was acceptable, the owner has to pay, because he is the party in breach.
Subcontractor Disputes: With very massive construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. However, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very crucial to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other problem, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.
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. 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 proceeds to the contractor, to secure payment.
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Can a Chandler, Arizona Attorney Help?
Construction disputes can be time-consuming and costly. Hiring a brilliant Chandler, Arizona real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.
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Construction Dispute Attorneys in the Largest AZ Cities
Life in ChandlerSince the 1950s, Chandler, Arizona has been growing in population, diversity, and economic growth! Chandler is home to many attractions. For the nature-lovers, the Veterans Oasis & Environmental Educational Center have over 100 acres of wetlands and desert perfect for hiking, fishing, biking, and picnics. Those who love to skate will enjoy spending time at the Chandler Skate Park, a 35,000 square-foot park used by skateboarders and in-line skaters.
A very unique attraction is Rawhide, a 1880s themed western town with shootouts, wagon rides, burro rides, gold panning, etc. Rawhide opened in Chandler in 2006 and has been a favorite of the locals and tourists since!
Chandler's historic downtown is filled with shops, restaurants, and galleries. There is also a quaint garden filled with antique shops and an old-fashioned ambiance. On the first Wednesday of every month, local artists display their work for everyone to enjoy, and hopefully buy. Located near downtown is Chandler Historical Museum, a museum free to the public with many exhibits displaying the city's rich history.
Chandler is also famous for the Ostrich Festival and Jazz Festival. The Ostrich Festival is a family event with ostrich races and other "ostrich-themed" activities. There is also music, parades, a carnival, and great food. The Festival originates from the city's tradition of Ostrich Ranching. Similarly, the city has an annual traditional event-the Jazz Festival. This is a weekend long event where many jazz musicians showcase their talent for the public to enjoy!
Since Chandler is viewed as one of Phoenix's most prominent suburbs, residents of Chandler have access to the large firms and legal market of Phoenix. Additionally, there are many smaller firms and solo-practitioners with law offices located in Chandler, guaranteeing attorneys who are focused on zealously representing their clients. Therefore, everyone's legal needs are met. Moreover, Chandler residents are fortunate to have a more personalized and service-oriented approach to address their legal needs.