Flagstaff 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 Flagstaff, Arizona, whether it's a house, some landscaping, or a remodeling project, there is always a chance 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 disagreements 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 involved. 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 (generally 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 construction disputes in Flagstaff, Arizona can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occasions where it is the only option.
Examples of Construction Disputes That Might Lead to Litigation in Flagstaff, Arizona
Delays: Some minor delays in a construction project are all but guaranteed to occur. Usually, 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. Furthermore, 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.
Refusal to Pay: Contractors can be on the other side of legal disagreements, as well. Sometimes, the landowners who hired them refuse to pay. This is usually because the landowner believes that the contractor didn't perform under the terms of the contract, or that the work was unsatisfactory. If this is the case, it may ultimately be up to a court to decide who is right. If the contractor did, in fact, do poor work, the landowner will be excused, at least in part, from his duty to pay. If, on the other hand, the work was satisfactory, the court will order the landowner to pay the contract price immediately, and may award further damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.
Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (usually 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. 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 funds to the contractor, to secure payment.
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Can a Flagstaff, Arizona 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 crucial to hire a Flagstaff, Arizona construction disputes attorney, who can advise you on the next steps in the process.
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Life in FlagstaffWith a different name, Flagstaff was named after a Ponderosa Pine flagpole made by a scouting party from Boston. This name was given on July 4, 1876 while celebrating the United States Centennial. Flagstaff, Arizona is home to approximately 65,870 people, and is located in northern Arizona.
Popular attractions include the Grand Canyon National Park, Walnut Canyon National Monument, Wupatki National Monument, Barringer Crater, Glen Canyon National Recreation Area and Lake Powell. Obviously, Flagstaff is a nature-lover's heaven.
The economy is primarily based on lumber, railroad, and ranching. Many large corporations have locations in Flagstaff. Such corporations include Lowell Observatory, Nestle Purina PetCare, Walgreens, and W.L. Gore & Associates. With so many corporations and industries, Flagstaff is home to many small law firms with excellent attorneys devoted to excellent legal service. If need be for a large law firm, Phoenix firms are available, with attorneys always willing to make the short trip to Flagstaff. Therefore, Flagstaff is a community that is well-served by the legal industry.
As a side note, Flagstaff is known to many because running scenes from the hit film Forrest Gump were shot there! Overall, Flagstaff is a wonderful area rich in culture and industry.