Honolulu Construction Dispute Lawyers

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Construction Dispute Law in Hawaii

When a property owner and a general contractor contract for a construction project to take place on some property in Honolulu, Hawaii, 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 disagreements can't be resolved amongst the parties to the contract, they don't need to take their dispute into the court system. For instance, construction contracts usually call for mediation or arbitration before any disputes are resolved by the courts. Mediation is a process by which a third party serves as a sort of intermediary in settlement negotiations between the parties to the contract. The mediator can help keep negotiations on track, and suggest possible solutions the parties might not have thought of. The mediator can't issue a binding decision, however. Arbitration is a procedure through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be quicker and cheaper than litigation, and it has some other advantages, as well.

Because of the large cost in time and money involved, litigation in Honolulu, Hawaii is regarded a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Honolulu, Hawaii

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: Contractors can also be the victims in construction disagreements. 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 situations, 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, 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 Lien: If the contractor wins in a case 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 Honolulu, Hawaii Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reputable Honolulu, Hawaii real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

Talk to a Real Estate Law Attorney now!

Life in Honolulu

Honolulu means "place of shelter" and serves as just that for thousands of tourists each year. Nearly 375,000 Hawaiians call Honolulu home. That large population makes the city the most populous in the entire State of Hawaii. As the largest city in one of the U.S.'s most popular vacation states, there are diplomatic facilities of Japan, Philippines, South Korea, Australia, and the Marshall Islands among others. Honolulu is the Capital of the State of Hawaii. Consequently, Honolulu is home to many of the government facilities including the City of Honolulu and Honolulu County as well as Federal instillations like the Federal Detention Center, Honolulu. The prison is a temporary holding place for no more than 1,000 inmates awaiting trial and is located just across from the Honolulu International Airport.

Downtown Honolulu is home to Hawaii's tallest building, the First Hawaiian Center, as well as the Hawaii Pacific University campus. The Honolulu Arts District and Waikiki are the most popular attractions among tourists. The arts district rests on the eastern edge of Honolulu's Chinatown. The Arts District is home to lots of cultural institutions like the Hawaii Theatre, galleries, and venues for performing arts and music. Waikiki is one of the most popular tourist districts and home to the Ala Moana Center which is the worlds largest open air shopping center. The district also has a number of other shops and eateries that cater to tourists and locals alike.

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