Guilford Construction Dispute Lawyers

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Construction Dispute Law in Connecticut

When a property owner and a general contractor contract for a construction project to take place on some property in Guilford, Connecticut, 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, the owners of land and contractors can end disagreements 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, usually requiring the party that causes a delay or other problem to pay the other party a set fee.

Even if disagreements can't be resolved amongst the parties to the contract, they don't need to take their dispute into the court system. For instance, construction contracts usually call for mediation or arbitration before any disputes are resolved by the courts. Mediation is a process by which a third party serves as a sort of intermediary in settlement negotiations between the parties to the contract. The mediator can help keep negotiations on track, and suggest possible solutions the parties might not have thought of. The mediator can't issue a binding decision, however. Arbitration is a procedure through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be quicker and cheaper than litigation, and it has some other advantages, as well.

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

Examples of Construction Disputes That Might Lead to Litigation in Guilford, Connecticut

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 certain 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." Instead, 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: When a construction company is contracted to complete a large project, there is usually 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. Nonetheless, the general contractor (the one that the landowner hired to do the work) is still accountable 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 Liens: Sometimes, when a contractor wins in a case against the landowner who hired him or her, and obtains a court order for payment, the contractor will still refuse to pay. Since a money judgment isn't worth much without a way to enforce it, the laws of many states have evolved to allow what's known as a "mechanic's lien." As a last resort, if a landowner refuses to pay the contractor for work done on the property, the contractor can force a sale of the property, and keep the proceeds, up to the amount of money owed.

Can a Guilford, Connecticut 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 crucial, and a Guilford, Connecticut construction disputes attorney can be of great help.

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Life in Guilford

Guilford was settled in 1639 and is one of the oldest cities in the state of Connecticut. It is located in New Haven County and has a population of about 22,000. The city is noted for its collection of historic homes. The Henry Whitfield house in Guilford is the oldest dwelling structure in Connecticut and the oldest stone house in all of North America.

Currently Guilford is a great area to live and visit if you are looking for an old "green town" feel. The city is lively and hosts a mix of annual events such as the Guilford LobsterFest and the Guilford Fair. Guilford also has many town parks which perfect for such activities as jogging, bocce games, ice skating, and winter sports.

Historic places to visit in Guilford are numerous and provide people with a glimpse into early American settlement life. Some of these places are the Guilford Historic Town Center and the Comfort Starr House. The Guilford Green is the town's pride and center of activity for the community. Many of the city's most important events such as graduations are held there. It is also a great backdrop for photo sessions.

Lawyers in Guilford, Connecticut typically file their cases at the nearby New Haven County Courthouse. The court hears claims in civil, criminal, and family, traffic, and juvenile law. Guilford lawyers may be contacted for advice and representation in a wide range of legal matters.

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