Melbourne Construction Dispute Lawyers

Find the right Construction Dispute attorney in Melbourne, 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 Melbourne, 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.

Litigation of construction disputes in Melbourne, Florida can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occasions where it is the only option.

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

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: When a construction company is contracted to complete a large project, there is usually 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. Nonetheless, the general contractor (the one that the landowner hired to do the work) is still accountable 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: A mechanic's lien is a way for a contractor to secure payment if a landowner declines to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This allows the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.

Can a Melbourne, 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 Melbourne, Florida construction disputes attorney can be of great help.

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Life in Melbourne

When people think of Melbourne, they think Australia. However, the state of Florida also has a city named Melbourne. Melbourne was named in honor of its first postmaster, Cornthwaite John Hector. Hector had spent a majority of his life in Melbourne, Australia. Hence, the name Melbourne arose!

Popular employers in the city include DRS Technologies, General Electric, Harris Corporation, Northrop Grumman, Rockwell Collins and Embraer. Many of these companies are in the defense field. Therefore, much of Melbourne's workforce labors towards providing our country with top-notch defense.

Some popular attractions in Melbourne include the Foosaner Art Museum, the Historic Rossetter House Museum, Brevard Zoo, Wickham Park, and the Liberty Bell Memorial Museum.

Melbourne is filled with many small law offices, where attorneys work hard to provide excellent legal services and personalized attention!

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