Brunswick 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 Brunswick, 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 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 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 Brunswick, Georgia is considered a last resort. However, in rare cases, it does become necessary.

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

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: When a contractor wins a lawsuit against a client for nonpayment of the contract price, and the client still refuses to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Essentially, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the proceeds to the contractor, to secure payment.

Can a Brunswick, 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 essential to hire a Brunswick, Georgia construction disputes attorney, who can advise you on the next steps in the process.

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Life in Brunswick

Many Georgians know Brunswick because it is the seat of Glynn County, the Federal Law Enforcement Training Center, and the United States Department of Homeland Security. Those three major institutions in Brunswick provide the bulk portion of jobs. The city is the twelfth largest municipality in the State of Georgia with an estimated 104,000 residents. The city is known as the "Shrimp Capital of the World" as a result of the budding shrimp and crab industry but also plays host to a number of experienced lawyers. Brunswick lawyers are familiar with local court procedures and use their knowledge to help advise you.

Historically, Brunswick played a major role in building and launching war material transport ships, namely the Liberty Ships, that were built by the J.A. Jones Construction Company. Liberty Ships were used to transport material to the European and Pacific Theatres. Brunswick was also the location of President George Bush's G8 Summit and has a thriving aeronautical industry. Brunswick is well known in the professional golf world because it hosts the Seaside Resort, a Professional Golf Association course named #1 resort in North America by Golf Digest.

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Construction Dispute Law in Georgia

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