Richmond Construction Dispute Lawyers

Find the right Construction Dispute attorney in Richmond, IN

Construction Dispute Law in Indiana

When the owner of some real estate and a contractor enter an agreement for a construction project in Richmond, Indiana, be it a house, landscaping project, or large 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.

Usually, contractors and landowners can resolve minor disputes amongst themselves, without having to resort to litigation. Often, 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 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).

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

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

Delays: Some minor delays in a construction project are all but guaranteed to occur. Usually, if contracts require a specific completion date, the contractor will give itself longer than the project would take under ideal circumstances, to account for possible delays. Furthermore, construction contracts usually attempt to insure against delays, such as imposing fees on contractors if the project is delayed beyond a certain point. If no such clause is included in a contract, a court will usually award the client damages that could have been reasonably anticipated at the time the contract was entered into.

Owner's refusal to pay: if the contractor finishes a project to specifications, and the owner of the property doesn't pay the contractor, the contractor will most likely file a lawsuit to recover the agreed-upon price. In such cases, the owner will usually argue that the contractor's work wasn't of acceptable quality. In these cases, the court must decide who first breached the contract. In these cases, it's the party who did not breach first who wins the lawsuit. If the court finds that the contractor breached the contract through sub-quality work product, the owner will not be liable for payment (though he may have to pay for materials and labor), and if the court finds that the construction was acceptable, the owner has to pay, because he is the party in breach.

Subcontractor Disputes: With very large 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 crucial 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 Lien: When a contractor wins a case against a client for nonpayment of the contract price, and the client still declines to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Essentially, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the funds to the contractor, to secure payment.

Can a Richmond, Indiana Attorney Help?

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

Richmond is a large city in Wayne County, in eastern Indiana. Richmond borders Ohio. The city has twice received the All-American City Award.

Popular attractions include Hayes Arboretum, Wayne County Historical Museum, Indiana Football Hall of Fame, Abram Gaar House and Farm, Old Richmond Historic District, Starr Historic District, Reid Memorial Presbyterian Church, Old National Road Welcome Center, Whitewater Gorge Park, Gennett Walk of Fame, Cardinal Greenway, Morrisson Reeves Library, Madonna of the Trail and Richmond Art Museum.

Richmond is home to many attorneys who can handle any and every legal need. Thus, Richmond residents can remain rest assured because all of their legal needs will be adequately handled.

Overall, Richmond offers residents a wonderful quality of life!

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