Yuma 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 Yuma, 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 Yuma, 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 Yuma, Arizona
Construction Delays: Delays in construction are frequent 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.
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 normally 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 (normally 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: If the contractor wins in a case against the land owner, and the court orders the owner to pay the contractor for services rendered, the contractor needs a way to secure payment, if the owner refuses. In some cases, a mechanic's lien authorizes the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.
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Can a Yuma, Arizona Attorney Help?
Disputes over construction delays or defects can be extremely taxing. Therefore, getting an accomplished Yuma, Arizona real estate attorney might mean the difference between success or failure in your business ventures.
Construction Dispute Attorneys in the Largest AZ Cities
Life in YumaWith a population of just under 80,000 Yuma, Arizona is one popular city to live and work. Because of the beautiful weather and location, over 85,000 retirees make the Yuma metropolitan area their home at least part of the year. In fact, Yuma is considered the sunniest place on earth according to the Guinness Book of World Records.
Catering to both their older and younger residents, Yuma has numerous golf courses, spas, malls, parks and other recreation centers. The picturesque city takes advantage of its location on the Colorado River and residents and visitors can enjoy the River by kayaking down on the weekend.
Yuma is home to a number of educational facilities including a branch of Northern Arizona University and the University of Phoenix. With such an emphasis on education, it is of little surprise that so many great lawyers choose to live and practice in Yuma. Yuma lawyers are some of the best in the business and enjoy the sunny city and helping their client resolve his or her legal issue as quickly as possible.