Hamden Construction Dispute Lawyers

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 Hamden, 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 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, 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 process through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be faster and cheaper than litigation, and it has some other advantages, as well.

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

Examples of Construction Disputes That Might Lead to Litigation in Hamden, 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 specifically 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.

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 usually 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: With very large 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. However, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very crucial to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other problem, 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 refuses to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It allows 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.

Can a Hamden, Connecticut Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an experienced Hamden, Connecticut real estate attorney might mean the difference between success or failure in your business ventures.

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Life in Hamden

The town of Hamden is situated in New Haven County, Connecticut, about halfway between New York and Boston. It has a population of about 58,000 and is a suburb of New Haven city. Hamden is nicknamed "the land of the Sleeping Giant", after the unique Sleeping Giant hill formation located in the more rural northern section of town.

Hamden has been described as an unique blend of both urban and suburban ways of life. This is demonstrated by its outstanding educational resources and its "New England charm". It was listed as #33 on Fortune Magazine's list of "Best Places to Live and Launch".

Besides its residential appeal, Hamden boasts a considerable amount of industry and commercial activities. Major employers in Hamden include Quinnipiac University, Area Cooperative Education Services, and Harborside Health Care. Many residents also enjoy a pleasant commute to neighboring cities such as New Haven.

Lawyers in Hamden are active in both the business community and local government efforts. Hamden, Connecticut lawyers will usually begin their representation of clients by filing at the New Haven Superior Court, which handles a wide range of criminal and civil matters.

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Construction Dispute Law in Connecticut

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