Duluth 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 Duluth, 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 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 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.

Construction Dispute litigation in Duluth, Georgia is normally time-consuming and expensive. But it is sometimes necessary, normally as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Duluth, 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 completes the project, and the owner refuses to pay the agreed-upon price, the contractor will normally file a lawsuit to recover what is owed. Of course, the owner will normally claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to determine if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (normally 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 Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner refuses 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 authorizes 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 Duluth, Georgia Attorney Help?

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

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Life in Duluth

Duluth, Georgia is a small city located in Gwinnett County. It has a population of about 26,000 people.

Duluth, Georgia is a rapidly-growing suburb of Atlanta. It is home to several major regional shopping centers, and has natrual attractions nearby, such as Stone Mountain and Lake Lanier. These attractions make for a wide variety of available recreational activities, including boating and hiking.

As with many cities in the U.S., Duluth, Georigastarted out as a small trading post, and expanded rapidly with the arrival of a railroad in the 19th Century.

Duluth's modern economy focuses largely on the healthcare sector, and attracts a variety of professionals, including doctors, nurses, and administrative professionals. Forbes Magazine recently ranked Duluth, Georgia as one of the top places in the U.S. for professionals to relocate to, owing to its high quality of life, low cost, and robust job market.

There are plenty of Duluth, Georgia lawyers who can handle just about any type of legal case that an average person is likely to encounter. Whatever legal problem you may have, there is a very good chance that a Duluth, Georgia lawyer can help you solve it.

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Construction Dispute Law in Georgia

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