Waterbury 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 Waterbury, Connecticut, 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.

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 typically 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.

Construction Dispute litigation in Waterbury, Connecticut is typically time-consuming and expensive. But it is sometimes necessary, typically as a last resort.

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

Major Delays: If the contractor or a subcontractor is at fault in causing a considerable 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 typically award the owner any damages that were caused by the delay.

Owner's refusal to pay: Contractors can also be the victims in construction disputes. 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." Alternatively, 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 cases, 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: In large projects, contractors often can't handle every aspect of the construction, so they hire other (typically smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, however, 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. However, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Liens: Sometimes, when a contractor wins in a lawsuit 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 permit 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 Waterbury, Connecticut Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a knowledgeable Waterbury, Connecticut real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

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Life in Waterbury

Waterbury is located in New Haven County in the state of Connecticut. Waterbury, Connecticut has a population of about 111,000 and is noted for being the 5th largest city in the state.

Waterbury is commonly known as the "Brass City", due to its heavy production of brass throughout the decades. It was the leading producer of brassware in the U.S. during the early 20th century. In particular, Waterbury industries produced much of the brass casting and finishing in America. It is also a leading manufacturer of brass clocks and watches.

Currently, Waterbury, Connecticut offers numerous opportunities for residential housing, retail shopping, and employment. For example, the Brass Mill Center is a modern shopping complex that features nationally-known retail stores and restaurants. It also houses a cinema that shows feature films. Also, Main Street in Waterbury is an area dedicated to both historic preservation and downtown revitalization. It is host to a number of community events and business developments.

Waterbury Judicial District Courthouse is a major landmark in the city. Many Waterbury lawyers assist their clients by filing legal claims at the courthouse. Lawyers in Waterbury, Connecticut provide legal services in a diverse spectrum of legal fields.

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Construction Dispute Law in Connecticut

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