Winter Springs 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 Winter Springs, 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 someone else needs to get involved to resolve a dispute, this does not automatically mean litigation is necessary. For example, the parties might attempt mediation, in which a neutral third party tries to help guide the parties to an agreement, but cannot render a binding decision himself. They might also agree to arbitration, during which a third party is able to render a binding decision. Arbitration is usually done through a private company, and may cost less than litigation, and is overseen by an arbitrator who is an expert in the relevant field.

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

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

Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a certain date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a delay.

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.

Subcontractor Disputes: With very large construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. Nonetheless, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very critical to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other issue, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

Mechanic's Liens: If the contractor sues a land owner and wins, he will likely obtain a monetary judgment. If the owner declines to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It allows 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 Winter Springs, Florida Attorney Help?

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

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Life in Winter Springs

With a population of just around 35,000 Winter Springs, Florida is a popular city to visit and live in. Winter Springs is located in Seminole County and comprises 14.1 square miles. The city has seven public schools and two private schools within its city limits.

The city of Winter Springs has been recognized as a top place to live by Money Magazine and was recently ranked the second best city to live in Florida. With so much recognition it is easy to see why so many businesses have decided to call Winter Springs Home.

Professionals such as bankers, accountants, and lawyers also take advantage of the work/life balance the city of Winter Springs has to offer. Winter Springs lawyers are skilled in a range of practice areas and are always happy to help their local client with whatever legal issue he or she may be dealing with at the time. Whether looking for simple solution to a small legal problem or engaged in a lengthy trial, Winter Springs lawyers are some of the best in the business.

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Winter Springs Construction Dispute Lawyers

Construction Dispute Law in Florida

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