Cedar Rapids Construction Dispute Lawyers

Find the right Construction Dispute attorney in Cedar Rapids, IA

Construction Dispute Law in Iowa

When a property owner and a general contractor contract for a construction project to take place on some property in Cedar Rapids, Iowa, 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 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 process through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be faster and cheaper than litigation, and it has some other advantages, as well.

Construction Dispute litigation in Cedar Rapids, Iowa 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 Cedar Rapids, Iowa

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 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: When a contractor wins a lawsuit against a client for nonpayment of the contract price, and the client still refuses to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Essentially, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the proceeds to the contractor, to secure payment.

Can a Cedar Rapids, Iowa Attorney Help?

If you have a construction dispute, you should first try to resolve it amicably with the other party. If this fails, it is almost always necessary to hire a Cedar Rapids, Iowa construction disputes attorney, who can advise you on the next steps in the process.

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Life in Cedar Rapids

Cedar Rapids is Iowa's second largest city, neighboring the Linn County line and Cedar River. It is about 100 miles from the capital, Des Moines. The city is home to approximately 126,326 people. The dominant industries in the area are the transportation industry and the health care industry.

Cedar Rapids is one of the largest cities in the world for corn processing. Grain processing is the most important sector in the city because most of the residents are employed within it. Large companies that have a location in Cedar Rapids include Rockwell Collins, Quaker Oats, Archer Daniels Midland, General Mills and Nordstrom. To serve these corporations and industries, Cedars Mills is home to many law firms and lawyers, well-experienced in all areas of practice.

Popular figures who have once called Cedar Rapids home include Grant Wood, William L. Shirer, Carl Van Vechten, Bobby Driscoll, Ashton Kutcher, Elijah Wood, and Ron Livingston.

Popular attractions in the area include the Cedar Rapids Museum of Art, the National Czech Slovak Museum Library, Theater Cedar Rapids, and the Paramount Theater.

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