Dubuque Construction Dispute Lawyers

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 Dubuque, Iowa, 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 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 normally 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.

Litigation of construction disputes in Dubuque, Iowa can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) times where it is the only option.

Examples of Construction Disputes That Might Lead to Litigation in Dubuque, Iowa

Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a particular date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a delay.

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 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.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, normally specialized tasks like installing plumbing. Nonetheless, no matter how much of the work is performed by subcontractors, the general contractor (the one that the client actually hired to do the project) is liable to the landowner as if it were doing all the work itself. This essentially means that, if a subcontractor messes up, the general contractor is the one who gets sued. But all is not lost in such a situation. If the general contractor has to compensate the owner because of the mistakes of a subcontractor, it can sue the subcontractor for whatever it had to pay to the landowner.

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 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 Dubuque, Iowa 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 Dubuque, Iowa construction disputes attorney can be of great help.

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Life in Dubuque

Dubuque is the county seat of Dubuque County, Iowa. It is situated along the Mississippi river, and has an estimated population of just under 60,000, placing it in the top ten largest cities in Iowa.

Dubuque is one ofthe oldest settlements west of the Mississippi River. The firstEuropeans toset foot in the area were French missionaries commissioned by the French government to establish a new colony in North America, and map the unexplored areas beyond the colony's borders. Theyreached what is now known asDubuque in 1673. The first permanent settlement in the areawas established by Julien Dubuque, who arrived in 1785 and gave the area its present name.

The area has rich deposits of lead, and Dubuque quickly grew in wealth and population, with its economy revolving around mining. Today, the economy of Dubuque, Iowa is fairly diverse, based on tourism, publishing, and various high-tech fields. Dubuque, Iowa attracts visitors with its beautiful natural scenery, and many fascinating historical sites.

If you live in Dubuque, and need an attorney, chances are excellent that you'll find a Dubuque, Iowa lawyer who can handle whatever case you're likely to face.

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Construction Dispute Law in Iowa

Examples of Construction Disputes That Might Lead to Litigation in Dubuque, Iowa