Aurora Construction Dispute Lawyers

Construction Dispute Law in Colorado

When a property owner and a general contractor contract for a construction project to take place on some property in Aurora, Colorado, whether it's a house, some landscaping, or a remodeling project, there is always a gamble that something can go wrong. In fact, at least a very minor setback may be more likely than not.

Most often, the owners of land and contractors can end disputes before they get too serious, thus eliminating the need for litigation. Most contracts governing construction projects have built-in remedies for the most common problems, typically requiring the party that causes a delay or other problem to pay the other party a set fee.

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 option 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 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).

Because of the large cost in time and money involved, litigation in Aurora, Colorado is considered a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Aurora, Colorado

Delays: Some minor delays in a construction project are all but guaranteed to occur. Typically, 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. Moreover, 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 typically 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 responsible 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.

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. However, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.

Mechanic's Lien: If the contractor wins in a lawsuit 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 permits the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Can a Aurora, Colorado Attorney Help?

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

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Life in Aurora

Aurora, Colorado is a city that spans Arapahoe, Adams, and Douglas counties. It is the third-largest city in Colorado, and the 56th-largest city in the United States, with a population of 325,000 people.

During the 1970s and 80s, Aurora began to grow rapidly, after relatively slow growth from its founding in the 1800s. This was due in large part to a broader growth trend in the American West, with many businesses and industries taking advantage of cheap land prices, and a business-friendly climate in Colorado and other Western states.

The largest employer currently in Aurora is the Buckley Air Force Base, which employs over 12,100 people. Many Aurora, Colorado attorneys, both military and civilian, work for this air force base, either directly or indirectly.

Of course, there are Aurora, Colorado attorneys who can handle most non-military legal issues that the average person is likely to face. If you need legal advice, there are many lawyers in Aurora, Colorado who can help.

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Construction Dispute Law in Colorado

Examples of Construction Disputes That Might Lead to Litigation in Aurora, Colorado