Dunwoody 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 Dunwoody, 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.

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

Examples of Construction Disputes That Might Lead to Litigation in Dunwoody, 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 completes the project, and the owner refuses to pay the agreed-upon price, the contractor will usually file a lawsuit to recover what is owed. Of course, the owner will usually 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 decide 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 (usually smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, nonetheless, 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. Nonetheless, the contractor can then go after the subcontractor to recover whatever he 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 allow 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 Dunwoody, Georgia Attorney Help?

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

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Life in Dunwoody

Dunwoody, Georgia is a city located in the Atlanta Metropolitan Area. It has a population of about 39,000 people.

Dunwoody, Georgia is a highly affluent community, and is ranked as the third-wealthiest city in Georgia. The city was named for Major Charles Dunwody (the extra "o" in the city's name owing to a misspelling on a bank note).

Dunwoody, Georgia has many historic buildings, including a church that has survived mostly unchanged since 1829, which is still in use today. Furthermore, Dunwoody's first public school, which opened in 1911, was in continuous use until the 1980s.

Dunwoody is generally considered a more upscale community, with a per capita income of over ,000, and a median household income of over ,000. This is likely due to the fact that Dunwoody, Georgia is largely populated by upper-middle-class professionals, who work in nearby Atlanta.

Given the sophisticated clientele of Dunwoody, Georgia, it should come as no surprise that there are some pretty skilled lawyers in the Dunwoody, Georgia area. If you have a legal problem, it's pretty much certain that a Dunwoody, Georgia lawyer can handle it.

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Construction Dispute Law in Georgia

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