Kissimmee Construction Dispute Lawyers

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 Kissimmee, Florida, 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.

In the majority of cases, it's possible for landowners and contractors to resolve disagreements amicably. There are many ways to do this, such as a simple verbal agreement to lower the contract price due to a mistake made by the contractor, for example, or an agreement to a slight price increase in the event of unforeseen obstacles beyond the control of either party.

Even if the parties can't easily resolve their disputes, and someone else needs to intervene, that somebody doesn't always need to be a judge or jury. Many construction disagreements call for mediation, during which a neutral third party helps the parties to the dispute negotiate a settlement. They might also go through arbitration, during which a third party renders a binding decision.

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

Examples of Construction Disputes That Might Lead to Litigation in Kissimmee, Florida

Delays in Construction: Delays are often 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 usually be liable to the landowner for any harm resulting from it.

Refusal to Pay: Disagreements can also arise from a client's refusal or inability to hold up his end of the deal. Sometimes, once a project is complete, or nearly so, a landowner will express an unwillingness to pay the contractor for his services. There might be a variety of reasons for this - sudden loss of money, or dissatisfaction with the quality of the work are a few examples. It's rare that a client will refuse to pay a contractor simply because they don't feel like it (and if that is the reason, they'll usually come up with a better one to argue in court). In these cases, a court will occasionally have to decide if the client is obligated to pay the full price. If the work was, indeed, not up to the standards laid out in the contract, the contractor is not entitled to the full price, but is still entitled to the actual value of the work, even if it's significantly less than the contract price.

Subcontractors: With big construction projects, contractors usually hire other, smaller contractors to do some of the work for them. This is usually work of a specialized nature, which the general contractor isn't equipped to handle (such as plumbing or electrical wiring). The general contractor is the one who is responsible for the satisfactory completion of the project. If a subcontractor makes a mistake, or causes a delay, the general contractor is ultimately liable to the person who hired them. Nonetheless, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.

Mechanic's Lien: If the contractor wins in a case against the land owner, and the court orders the owner to pay the contractor for services rendered, the contractor needs a way to secure payment, if the owner refuses. In some cases, a mechanic's lien allows the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Can a Kissimmee, Florida 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 imperative, and a Kissimmee, Florida construction disputes attorney can be of great help.

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Life in Kissimmee

Kissimmee is in Osceola County, Florida. Specifically, it is located northwest of Lake Tohopekaliga, alongside the Kissimmee River. It is knwon as one of central Florida's most charming small cities. Approximately 60,000 people call Kissimmee home.

Some popular attractions is Kissimmee include the Colonial Estate, the Kissimmee Historic District, Monument of States, Osceola Center for the Arts, and Osceola County Historical Society Museum.

Some famous residents of Kissimme are William J. Sears, Brett Williams, Bobby Sippio, Kissy Simmons, John Quinones, Tito Paul, A.J. McLean, Brent Fullwood, Tonga Fifita, and Buddy Dyer.

Kissimmee is also filled with small law offices and firms that train excellent attorneys. These attorneys practice in all areas of law. Therefore, Kissimmee residents should remain assured that any and all of their legal needs will be met by the competent legal force of Kissimmee.

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Construction Dispute Law in Florida

Examples of Construction Disputes That Might Lead to Litigation in Kissimmee, Florida