Denver 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 Denver, Colorado, 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, 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, normally 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 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).

Construction Dispute litigation in Denver, Colorado is normally time-consuming and expensive. But it is sometimes necessary, normally as a last resort.

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

Major Delays: If the contractor or a subcontractor is at fault in causing a massive delay to a project (several months, for example), this may lead to a lawsuit. If the contract stated that time was of the essence for some reason (maybe the project was a new store that the owner hoped to open before the holiday shopping season, for example), a court can normally award the owner any damages that were caused by the delay.

Refusal to Pay: Contractors can be on the other side of legal disputes, 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 additional damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is normally a great deal of specialized work to be done which they aren't equipped to handle. As a result, they hire other contractors, who, in this arrangement, are subcontractors, to do some of the work. However, the general contractor (the one that the landowner hired to do the work) is still responsible for the completion of the project - if a subcontractor causes a problem, the general contractor is on the hook for it. This sometimes leads to landowners suing general contractors for the mistakes of subcontractors. If the general contractor loses, and has to pay the client, the general contractor can then sue the subcontractor for whatever amount of money it had to pay.

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 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.

Can a Denver, Colorado Attorney Help?

If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes essential, and a Denver, Colorado construction disputes attorney can be of great help.

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Life in Denver

Denver is the largest city in the State of Colorado and is known to most as the "Mile High City." Nestled in the South Platte River Valley just to the east of the Rocky Mountains, Denver offers outstanding parks like Washington, Cheesman, and City Parks as well as one of the most scenic amphitheatres, Red Rocks Amphitheatre. It's hosted bands from the Beatles, Jethro Tull, John Denver, the Grateful Dead, and was the favorite of Rock legend Jimi Hendrix. There have been a number of famous recordings done at Red Rocks Amphitheatre for various bands live albums.

Denver is a bustling center of commerce. As the largest city for hundreds of miles, Denver's central location among the Mountain States makes it an ideal location for distribution and transportation of goods going to states in the Southwest and West. Manufacturing plants and corporate headquarters including those of United Airlines, Lockheed Martin, the Coors Brewing Company all call Denver home.

In more recent times the "Mile High City" has been the center of a dot-com boom. Mapquest, DIRECTV, Starz-Encore, and Qwest Communications are just a few of the telecommunications companies who have moved into Denver for it's low cost and high quality of living. Local Denver lawyer are well acquainted with local legal problems.

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Construction Dispute Law in Colorado

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