Atlanta Construction Dispute Lawyers

Find the right Construction Dispute attorney in Atlanta, GA

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 Atlanta, Georgia, whether it's a house, some landscaping, or a remodeling project, there is always a risk 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 immersed 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 normally 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 Atlanta, Georgia is regarded a last resort. However, in rare cases, it does become necessary.

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

Delays in Construction: Delays are commonly 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 normally 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 normally 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 accountable 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 normally 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: Sometimes, when a contractor wins in a case 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 authorize 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 Atlanta, Georgia 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 imperative to hire an Atlanta, Georgia construction disputes attorney, who can advise you on the next steps in the process.

Talk to a Real Estate Law Attorney now!

Life in Atlanta

Atlanta has the highest population of any city in the State of Georgia with just under 500,000 people. The Hartsfield Jackson Atlanta International Airport as been the world's busiest airport since 1998. That's two years after the city hosted the 100th Olympic Games. Atlanta is the seat of Fulton County government as well as for the entire State of Georgia. Atlantans work for some of the most well known companies who have world headquarters located in the city. The Coca-Cola Company, ATT, UPS, Turner Broadcasting, The Home Depot, and UPS are just a few of the nearly 75% of Fortune's 1000 who have operations in Atlanta. All that industry grosses the city over billion each year. All of the productivity doesn't mean it comes at a lack of greenery.

Atlanta is known both as the "City of Trees" and the "City in a Forest" for the dense tree cover that blankets nearly 40% of downtown. It's the most dense tree cover of any American city. The Atlanta Botanical Garden even offers a Canopy Walk through 600 feet of canopy at 40-feet into the trees. Other city attractions include the Georgia Aquarium, Fox Theatre, Atlanta Contemporary Art Center, Museum of Contemporary Art of Georgia, World of Coca-Cola, Delta Heritage Museum, Carter Center and Presidential Library, and Atlanta sports teams draw patrons from across the globe.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.
Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.
Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.
David A.

Real Estate, Housing & Property Law

Walnut Creek, CA