Evanston Construction Dispute Lawyers

Find the right Construction Dispute attorney in Evanston, IL

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 Evanston, Illinois, 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 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 usually 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 involved. 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 (generally 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 Evanston, Illinois is regarded a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Evanston, 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 certain 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." 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: When a construction company is contracted to complete a large project, there is usually 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: If the contractor sues a land owner and wins, he will likely obtain a monetary judgment. If the owner declines to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It allows a contractor to force the sale of the land or other real property that he just worked on, and use those proceeds to cover costs.

Can a Evanston, Illinois Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reputable Evanston, 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.

Talk to a Real Estate Law Attorney now!

Life in Evanston

Evanston, Illinois is a municipality in Cook County, Illinois. It is a suburb of Chicago, and its population is estimated at about 75,000 people. Evanston is probably best known as the home of Northwestern University, which is one of the most prestigious undergraduate and graduate schools in the U.S., and home to one of highest-ranked law schools in the U.S. Evanston was officially incorporated in 1863, and grew rapidly during the industrial revolution. The popular building toys known as "Tinkertoys" were invented in Evanston, Illinois. Evanston is one of several cities which claim to be the birthplace of the ice cream sundae, though the veracity this claim, and the claims of other cities, can't be confirmed. Modernly, Northwestern University makes up a significant portion of Evanston's economic activity, from the thousands of people it employs, and the students it brings to the community, who typically spend a lot of money. If you live in the Chicago/Evanston area, and need legal representation, an Evanston, Illinois lawyer would probably be able to meet your legal needs. Evanston's proximity to such a prestigious law school, as well as the huge city right next door, ensures that Evanston, Illinois lawyers must be far more sophisticated than the average small-town attorney.

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