Kokomo Construction Dispute Lawyers

Construction Dispute Law in Indiana

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

Normally, contractors and landowners can resolve minor disputes amongst themselves, without having to resort to litigation. Commonly, 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.

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).

Construction Dispute litigation in Kokomo, Indiana is normally time-consuming and expensive. But it is sometimes necessary, normally as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Kokomo, Indiana

Construction Delays: Delays in construction are frequent sticking points between contractors and landowners. These delays can sometimes lead to litigation, especially if the construction contract makes it clear that time is an important factor, or if the contract mandates a certain completion date. In such situations, a court will often award the landowner compensation for any monetary losses he or she suffered as a result of the delay.

Refusal to Pay: Disagreements can also arise from a client's refusal or inability to hold up his end of the deal. Sometimes, once a project is complete, or nearly so, a landowner will express an unwillingness to pay the contractor for his services. There might be a variety of reasons for this - sudden loss of money, or dissatisfaction with the quality of the work are a few examples. It's rare that a client will refuse to pay a contractor simply because they don't feel like it (and if that is the reason, they'll normally come up with a better one to argue in court). In these cases, a court will occasionally have to decide if the client is obligated to pay the full price. If the work was, indeed, not up to the standards laid out in the contract, the contractor is not entitled to the full price, but is still entitled to the actual value of the work, even if it's substantially less than the contract price.

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 Kokomo, Indiana 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 imperative to hire a Kokomo, Indiana construction disputes attorney, who can advise you on the next steps in the process.

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Life in Kokomo

Kokomo is located in Howard County, Indiana. It is Indiana's thirteenth largest city and is home to around 45,500 people.

Some popular sites in Kokomo include Howard County Historical Society, Kokomo Beach, The Sycamore Stump, Old Ben, City of Firsts Automotive Heritage Museum, and Elwood Haynes Museum.

Kokomo's top employers include Chrysler LLC, Delphi Corporation, GM Components Holdings LLC, Haynes International, Holder Mattress, Syndicate Sales, Inc. and Coca-Cola. To support these businesses, Kokomo has many attorneys whose practice can take care of the legal needs of these corporations. Also, for complex legal matters, Kokomo residents can look to nearby Chicago's legal force to deal with legal issues that seem impossible.

Some famous residents include Sylvia Jane Kirby, Jim Ligon, Strother Martin, John O'Banion, Jimmy Rayl, Tavis Smiley, and Marc Pohlman.

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Construction Dispute Law in Indiana

Examples of Construction Disputes That Might Lead to Litigation in Kokomo, Indiana