Urbana Construction Dispute Lawyers

Find the right Construction Dispute attorney in Urbana, IL

Construction Dispute Law in Illinois

When the owner of some real estate and a contractor enter an agreement for a construction project in Urbana, Illinois, be it a house, landscaping project, or massive office building, there's always a chance that problems will come up, no matter how careful everyone is. A few minor setbacks are almost inevitable, in fact.

Typically, contractors and landowners can resolve minor disputes amongst themselves, without having to resort to litigation. Frequently, construction contracts contain built-in remedies for mistakes and delays that can be easily corrected, such as payments to the owner for every day the project is delayed.

Even if someone else needs to get engaged to resolve a dispute, this does not automatically mean litigation is necessary. For example, the parties might attempt mediation, in which a neutral third party tries to help guide the parties to an agreement, but cannot render a binding decision himself. They might also agree to arbitration, during which a third party is able to render a binding decision. Arbitration is typically done through a private company, and may cost less than litigation, and is overseen by an arbitrator who is an expert in the relevant field.

Litigating a construction dispute in Urbana, Illinois is definitely not something that anybody likes doing. However, it is sometimes necessary, as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Urbana, 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 specifically states that completion by a specific 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 typically file a lawsuit to recover what is owed. Of course, the owner will typically 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 determine if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is typically 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. However, the general contractor (the one that the landowner hired to do the work) is still responsible 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: Sometimes, when a contractor wins in a lawsuit 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 permit 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 Urbana, Illinois 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 essential, and an Urbana, Illinois construction disputes attorney can be of great help.

Talk to a Real Estate Law Attorney now!

Life in Urbana

Urbana is located in Champaign County, Illinois. It has a population of over 41,000 people.

Some great sites to visit include Market at the Square, the Urbana Free Library, Station Theatre, Candlestick Lane, Lincoln Hotel, University of Illinois Arboretum, University of Illinois Conservatory and Plant Collection, and Krannert Center for the Performing Arts.

For all the nature lovers out there, Urbana has some beautiful parks. Such parks include Carle Park, Meadowbrook Park, Urbana Dog Park, and Anita Purves Nature Center.

Being so near Chicago, Urbana residents have an extremely competent legal force to handle their legal matters. Chicago is home to many top ranked law firms that train ivy-league educated attorneys. Further, Chicago also has many small to mid-size law firms that train intelligent attorneys who focus on providing personalized legal services.

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