Athens Construction Dispute Lawyers

Construction Dispute Law in Georgia

When a property owner and a general contractor contract for a construction project to take place on some property in Athens, Georgia, 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 Athens, Georgia is regarded a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Athens, Georgia

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.

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.

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 Athens, Georgia Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an experienced Athens, Georgia real estate attorney might mean the difference between success or failure in your business ventures.

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Life in Athens

Athens, Georgia has a population of over 115,000 people and is located in the northeastern region of the state. Athens is actually a consolidated city-county, created by combing Clarke County and the city of Athens itself (also the county seat). Athens Is known for being home to the University of Georgia and is considered by many to be a premiere example of a college town.

As a college town, the student life drives much of Athens' social, intellectual, and cultural scene. In particular, music has always been a central tenet of life in Athens. Many restaurants, bars, and local establishments cater to the music scene and help to further the creative legacy of the city. Famous musical figures from Athens have included: R.E.M., the Indigo Girls, the Primates, and the Athens Boys Choir. The city hosts AthFest, which is an art and music festival held every summer.

Other popular events and attractions in Athens, Georgia include Naturalists' Walks, Contra Dance at Memorial Park, and the Twilight Series bicycle races held each spring. Some of the nation's most outstanding bar and grills are also located in Athens. Alongside its modern establishments, an abundance of American historical artifacts can also be found in the city.

Lawyers in Athens, Georgia often assist their clients at the Athens-Clarke County Superior Court. The Superior Court is located in the city and process a wide range of legal claims. Many Athens lawyers spend time researching legal inquiries at the Athens-Clarke County Law Library.

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Construction Dispute Law in Georgia

Examples of Construction Disputes That Might Lead to Litigation in Athens, Georgia