Sarasota 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 Sarasota, 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.

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 a Sarasota, Florida construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other options.

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

Construction Delays: Delays in construction are prevalent sticking points between contractors and landowners. These delays can sometimes lead to litigation, especially if the construction contract makes it clear that time is an important factor, or if the contract mandates a certain completion date. In such situations, a court will often award the landowner compensation for any monetary losses he or she suffered as a result of the delay.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will typically file a lawsuit to recover what is owed. Of course, the owner will typically claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to determine if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

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

Mechanic's Liens: Sometimes, when a contractor wins in a lawsuit against the landowner who hired him or her, and obtains a court order for payment, the contractor will still refuse to pay. Since a money judgment isn't worth much without a way to enforce it, the laws of many states have evolved to permit what's known as a "mechanic's lien." As a last resort, if a landowner refuses to pay the contractor for work done on the property, the contractor can force a sale of the property, and keep the proceeds, up to the amount of money owed.

Can a Sarasota, 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 Sarasota, Florida construction disputes attorney, who can advise you on the next steps in the process.

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Life in Sarasota

Sarasota, Florida is the county seat of Sarasota County, located on the central Gulf Coast. It has a population of about 53,000 people.

Humans first settled Florida, including the Sarasota area, about 15,000 years ago - not very long after their initial arrival on North America. At that time, sea levels were much lower, and Sarasota would have been about 100 miles inland from the Gulf of Mexico, rather than right on the coast. Europeans first settled the area in the 1600s.

Modernly, Sarasota has been hit hard by the crash of the U.S. housing market. However, it is still regularly visited by tourists, and tourism remains a major sector of its economy. Sarasota is also home to many sites of historic interest, from prehistoric archeological sites, to Civil War forts.

The architectural style prevalent in Sarasota was once so popular that it is now an established architectural style, known as the "Sarasota School" or "Sarasota Modern."

If you live in Sarasota, Florida, and are looking for an attorney, you're in luck. There are many lawyers in Sarasota, Florida who practice many different areas of law. If you need legal advice, a Sarasota, Florida lawyer is the person you should call.

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Construction Dispute Law in Florida

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