Cartersville Construction Dispute Lawyers

Find the right Construction Dispute attorney in Cartersville, 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 Cartersville, 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 Cartersville, Georgia is considered a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Cartersville, 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: Contractors can also be the victims in construction disputes. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Instead, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these cases, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon price.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (usually 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 Lien: If the contractor wins in a lawsuit against the land owner, and the court orders the owner to pay the contractor for services rendered, the contractor needs a way to secure payment, if the owner refuses. In some cases, a mechanic's lien allows the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Can a Cartersville, Georgia Attorney Help?

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

Talk to a Real Estate Law Attorney now!

Life in Cartersville

Cartersville, Georgia is a community located in Bartow County. After the 2000 census, its population was just under 30,000 people. A 2005 Census Bureau estimate placed its population at over 41,000, indicating very rapid growth.

Located about an hour's drive north of Atlanta, Cartersville is a popular place to live for families who want a quiet, safe place to raise children, but have at least one family member who works in the much larger city of Atlanta.

With an attractive historic downtown area, a community theater which performs in an historic venue, several art museums, and a fairly high median income,Cartersville, Georgia is considered a very good place to raise a family.

Cartersville is steeped in history, and one of the major points of historical interest is the Etowah Indian Mounds, a major archeological site. The mounds were built over 1,000 years ago, and artifacts from several different tribes are still being found in the area.

Given the rapid growth that the city of Cartersville has seen, and its various points of interest, it's no surprise that Cartersville, Georgia lawyers tend to be equipped to handle a wide variety of legal problems. Whatever legal issue an individual is likely to face, chances are good that a Cartersville, Georgia lawyer can help.

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