Palm Coast Construction Dispute Lawyers

Find the right Construction Dispute attorney in Palm Coast, 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 Palm Coast, 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 disputes 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 disputes 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 Palm Coast, 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 Palm Coast, Florida

Delays: Some minor delays in a construction project are all but guaranteed to occur. Usually, if contracts require a specific completion date, the contractor will give itself longer than the project would take under ideal circumstances, to account for possible delays. Furthermore, construction contracts usually attempt to insure against delays, such as imposing fees on contractors if the project is delayed beyond a certain point. If no such clause is included in a contract, a court will usually award the client damages that could have been reasonably anticipated at the time the contract was entered into.

Owner's refusal to pay: if the contractor finishes a project to specifications, and the owner of the property doesn't pay the contractor, the contractor will most likely file a lawsuit to recover the agreed-upon price. In such cases, the owner will usually argue that the contractor's work wasn't of acceptable quality. In these cases, the court must decide who first breached the contract. In these cases, it's the party who did not breach first who wins the lawsuit. If the court finds that the contractor breached the contract through sub-quality work product, the owner will not be liable for payment (though he may have to pay for materials and labor), and if the court finds that the construction was acceptable, the owner has to pay, because he is the party in breach.

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. However, 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 lawsuit 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 Palm Coast, Florida Attorney Help?

Construction disputes and disagreements can be very difficult to deal with alone. The assistance of a Palm Coast, Florida real estate attorney can make the process of dealing with these disputes much quicker and easier.

Talk to a Real Estate Law Attorney now!

Life in Palm Coast

Palm Coast is located in Flagler County, Florida. It has a population of around 76,000 people. It is seen as one of Florida's most rapidly growing areas.

Palm Coast is filled with small to mid-size businesses of all types. One of the larger employers include Palm Coast Data, which employs around 1,000 people. This area is building itself up after the 2009 recession. With these small businesses looking to improve, many Florida residents are moving to Palm Coast for employment purposes.

With Palm Coast being such a business-savvy area, it has a good deal of law firms ready and capable of serving these businesses for any and all of their legal needs.

Overall, Palm Coast is an up and rising area of Florida filled with small businesses aiming to thrive and succeed in the U.S. economy.

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