Elmhurst Construction Dispute Lawyers

Construction Dispute Law in Illinois

When a property owner and a general contractor contract for a construction project to take place on some property in Elmhurst, Illinois, 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 overwhelming majority of cases, however, these problems are resolvable, and do not lead to major disputes. Being rational, business-minded adults, landowners and construction contractors are normally able to resolve disputes amongst themselves. After all, both stand to gain if the project is completed, and the contractor is paid.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get immersed. For example, a construction contract may require mediation before any further action is taken. Mediation is a process by which a third party tries to guide the parties to the dispute to a settlement. The mediator cannot, however, render any binding decision. Another avenue is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (typically enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has benefits over litigation, as the parties can have a say in choosing the arbitrator (allowing them to have their case arbitrated by an expert on construction disputes, for example).

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

Examples of Construction Disputes That Might Lead to Litigation in Elmhurst, Illinois

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: 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." Rather, 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: With very massive construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. Nonetheless, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very critical to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other issue, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

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 authorize 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 Elmhurst, Illinois Attorney Help?

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

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Life in Elmhurst

Elmhurst is a suburb of Chicago, located in Cook and DuPage Counties of Illinois. The suburb has a population of around 46,000.

If one is thinking that a suburb cannot have attractions to visit, that's wrong! Elmhurst has a lot of great attractions. Such attractions include the York Theater, the Wilder Park Conservatory, Elmhurst Park District, the Elmhurst Historical Museum, the Elmhurst Art Museum, the Lizzadro Museum of Lapidary Art, and Elmhurst City Centre.

With Chicago nearby, Elmhurst residents have a strong legal force to tend to their legal needs. Chicago is filled with law firms of all sizes that train excellent attorneys.

Some notable residents of Elmhurst include Al Weis, Larry Stefanki, Rachel Melvin, Jim Ryan, Jeff Hornacek, Mark Wilson, John Witt, and John Grochowski.

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Construction Dispute Law in Illinois

Examples of Construction Disputes That Might Lead to Litigation in Elmhurst, Illinois