Brandon Construction Dispute Lawyers

Find the right Construction Dispute attorney in Brandon, FL

Construction Dispute Law in Florida

When a property owner and a general contractor contract for a construction project to take place on some property in Brandon, Florida, 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 Brandon, Florida 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 Brandon, Florida

Delays in Construction: Delays are frequently points of contention between contractors and landowners. Contracts sometimes have clauses which explicitly state that the project needs to be completed by a certain date, or penalties will be imposed on the contractor (reduced payments, for example). However, if the contract doesn't contain such built-in remedies, or one party refuses to abide by them, litigation may be necessary. If a contractor causes a delay that it could have prevented, it will typically be liable to the landowner for any harm resulting from it.

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: When a construction company is contracted to complete a large project, there is typically 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 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 permits 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 Brandon, Florida 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 necessary to hire a Brandon, Florida construction disputes attorney, who can advise you on the next steps in the process.

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Life in Brandon

Brandon may not be incorporated as an official city but it is one of the most popular places in Florida. This Hillsborough County census designated place is home to 91,000 residents and has seen rapid growth of nearly 17% each year. Brandon's namesake is John Brandon who moved to the area with his wife and six children and purchased a total of 160 acres. Needless to say, Brandon isn't the same area as it once was and now offers many attractive amenities like golf course resorts and outstanding shopping.

Brandon has seen rapid growth over the past five decades. In the 1970s 430 businesses, 3 malls, and 40,000 new residents fled to Brandon because of it's convenient location and desirable weather. On average, it only snows once every 10 years. By the 1980s there were more than 2,500 businesses and 100,000 residents. Today, Brandon is most notably home to the World Wrestling Entertainment (WWE) training facility where potential superstars hone their skills. With many celebrities come many lawyers. However, Brandon lawyers are familiar with advising clients on a wide variety of legal related issues and are licensed to practice everywhere in the state.    

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