Florence Construction Dispute Lawyers

Construction Dispute Law in Kentucky

When the owner of some real estate and a contractor enter an agreement for a construction project in Florence, Kentucky, 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.

Most often, the owners of land and contractors can end disputes before they get too serious, thus eliminating the need for litigation. Most contracts governing construction projects have built-in remedies for the most common problems, normally requiring the party that causes a delay or other problem to pay the other party a set fee.

Even if a third party gets involved, it does not always need to be a court. Private mediators can help the parties reach a settlement, or a private arbitrator who is an expert on construction litigation can render a binding decision, if mediation and negotiation fail and the parties can't resolve their dispute.

Litigating a construction dispute in Florence, Kentucky 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 Florence, Kentucky

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 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.

Refusal to Pay: Disputes 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 sometimes 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: With big construction projects, contractors normally hire other, smaller contractors to do some of the work for them. This is normally work of a specialized nature, which the general contractor isn't equipped to handle (such as plumbing or electrical wiring). The general contractor is the one who is responsible for the satisfactory completion of the project. If a subcontractor makes a mistake, or causes a delay, the general contractor is ultimately liable to the person who hired them. However, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.

Mechanic's Liens: If the contractor sues a land owner and wins, he will likely obtain a monetary judgment. If the owner refuses to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It authorizes 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 Florence, Kentucky Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an accomplished Florence, Kentucky real estate attorney might mean the difference between success or failure in your business ventures.

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Life in Florence

Florence, Kentucky is a city of approximately 30,000 located in Boone County, Kentucky. The area now known as Florence was originally called "Crossroads" because several roads from various parts of Kentucky converged there. It was originally founded in the early 1820s, and quickly grew, especially as the country began to expand westward, becoming a major hub for trade and commerce. Florence is well-known for a large water tower with a sign on it that simply reads "Florence Y'all." It has become something of a local landmark, and a source of pride among residents. The tower was built in the 1970s, and originally read "Florence Mall," to advertise a new mall that was being built. However, the mall took slightly longer to build than expected, and highway regulations prohibited advertisements for an establishment that didn't exist, so they had to change it in a very short time. The city simply painted over the vertical lines in the letter "M" to make a "Y" and added the apostrophe. The plan was to change it back when the mall was finished, but residents liked it enough that the city decided to keep it. If you live in the Florence, Kentucky area, and need a good attorney, you can probably find one. Florence, Kentucky lawyers are ready to handle whatever legal problem you might present them with.

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Construction Dispute Law in Kentucky

Examples of Construction Disputes That Might Lead to Litigation in Florence, Kentucky