Rome 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 Rome, Georgia, whether it's a house, some landscaping, or a remodeling project, there is always a gamble 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 engaged 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 typically 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.

Litigation of a Rome, Georgia construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other avenues.

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

Delays in Construction: Delays are frequently 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 typically 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 typically 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 responsible 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 typically 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: A mechanic's lien is a way for a contractor to secure payment if a landowner declines 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 permits 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 Rome, Georgia Attorney Help?

If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes crucial, and a Rome, Georgia construction disputes attorney can be of great help.

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Life in Rome

Rome is a city in Floyd County, Georgia. It is the largest city in, and county seat of, Floyd County. As of the 2000 United States Census, Rome, Georgia has a population of about 34,000 people.

Rome was inhabited by humans for thousands of years before the arrival of European colonists. Europeans first explored the area in the mid-1500s, when Spanish explorers first charted the Southeastern U.S.

The modern city of Rome, Georgia was founded in 1834. The founders of the new city determined its name by drawing lots from names submitted by the other founders. In 1835, the Georgia legislature incorporated Rome as a city. During the Civil War, Rome's industrial capacity made it strategically important, and both sides fought fiercely to control it.

Modernly, Rome is a thriving small city, owing to its diverse economy. It is supported by the manufacturing, high technology, tourism, and healthcare. Rome is also home to Shorter University, a private liberal arts college which consistently brings in new, young residents with disposable income, further boosting the economy.

If you live in Rome, Georgia, and need a competent, experienced attorney to handle any legal issues you might be facing, you're in luck. There are many Rome, Georgia lawyers to choose from, and you should be able to find one who's right for you.

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Construction Dispute Law in Georgia

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