Peoria 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 Peoria, 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 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 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 avenue 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 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 Peoria, Arizona 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 Peoria, Arizona
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 particular 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: Contractors can also be the victims in construction disagreements. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Rather, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these situations, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon price.
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. Nonetheless, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very essential to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other issue, 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 Liens: If the contractor sues a land owner and wins, he will likely obtain a monetary judgment. If the owner declines to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It authorizes a contractor to force the sale of the land or other real property that he just worked on, and use those proceeds to cover costs.
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Can a Peoria, Arizona Attorney Help?
Disputes over construction delays or defects can be extremely taxing. Therefore, getting an accomplished Peoria, Arizona real estate attorney might mean the difference between success or failure in your business ventures.
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Construction Dispute Attorneys in the Largest AZ Cities
Life in PeoriaPeoria, Arizona is situated in both Maricopa and Yavapai counties. It is a major suburb of Phoenix and is home to a population of about 160,000 people. Peoria has grown economically and industrially in recent decades.
The city of Peoria, Arizona is known for developing and incorporating innovative technologies related to water irrigation and solar power harnessing. For example, the Maricopa Solar Power Plant is located in Peoria and was completed in 2010.
One of the main attractions in Peoria is the Peoria Sports Complex. The stadium brings in many tourists, festivals, tours, concerts, and social events. Several Major League Baseball teams use the stadium for spring training and year-round training. The Peoria Sports Complex has contributed to much of the city's growth and economic development.
Peoria's population continues to grow as more and more people relocate there for both work and leisure. In fact, the name "Peoria" has almost become synonymous with leisure living and resort vacations in the state of Arizona.
Lawyers in Peoria, Arizona engage in a number of legal services which assist the city's bustling social and economic scene. Peoria attorneys enhance their skills through memberships in groups such as the West Maricopa County Bar Association.