Windsor 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 Windsor, 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.

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

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

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

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

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (usually smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, nonetheless, 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. Nonetheless, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Lien: When a contractor wins a case against a client for nonpayment of the contract price, and the client still declines to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Essentially, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the funds to the contractor, to secure payment.

Can a Windsor, Connecticut Attorney Help?

If you have a construction dispute, you should first try to resolve it amicably with the other party. If this fails, it is almost always imperative to hire a Windsor, Connecticut construction disputes attorney, who can advise you on the next steps in the process.

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Life in Windsor

Located in Hartford County, the beautiful town of Windsor, Connecticut is home to close to 30,000 residents. Filled with parks, churches, and annual events, Windsor provides its residents and visitors with lots of options.

Like many cities in Connecticut, Windsor has a strong connection to tobacco which still plays a role in the town's economy today. The Connecticut Family Tobacco Museum is located in town and takes visitors through the town's tobacco history. Windsor tobacco leaves are still produced today and used to make some of the finest cigars.

Windsor has a lot more than cigars to offer. Windsor lawyers are some of the best in the business. Specializing in a range of practice areas, Windsor lawyers are always available to competently serve their clients. Windsor lawyers are able to enjoy the many activities the city has to offer in their free time, giving the professionals the idea work/life balance. Windsor is also home to other thriving professional communities including: bankers, accountants and doctors

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Construction Dispute Law in Connecticut

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