Frankfort Construction Dispute Lawyers

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Construction Dispute Law in Kentucky

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

Most often, the owners of land and contractors can end disagreements 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, usually requiring the party that causes a delay or other problem to pay the other party a set fee.

Even if a third party gets incorporated, it does not always need to be a court. Private mediators can assist 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 Frankfort, Kentucky is definitely not something that anybody likes doing. Nonetheless, it is sometimes necessary, as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Frankfort, 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 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.

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 usually 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 significantly less than the contract price.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, usually 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 allows 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 Frankfort, Kentucky Attorney Help?

Construction disputes and disagreements can be very difficult to deal with alone. The assistance of a Frankfort, Kentucky real estate attorney can make the process of dealing with these disputes much quicker and easier.

Talk to a Real Estate Law Attorney now!

Life in Frankfort

Frankfort is a city in Franklin County, Kentucky. It is the capital of Kentucky, and with a population of under 30,000 people, it is one of the least populous state capitals in the United States. Frankfort was founded in the late 1700s, shortly after Kentucky became a state, with the specific purpose of serving as the state capital. During the Civil War, Frankfort was briefly occupied by confederate troops, Since the 1960s, Frankfort has seen considerable population and economic growth, mainly due to the construction of a few large (for a city this size) state and private office buildings, and other construction projects. Frankfort is also home to several distilleries who make Kentucky bourbon whiskey, the signature spirit of the region. Some of these older office towers are slated for demolition, with the intention of building a new, more modern, business center, with several smaller buildings providing for office space. There are plenty of lawyers in Frankfort, Kentucky who can handle whatever legal problems you might be facing. If you need any type of legal assistance, whether you're signing a mortgage, getting a divorce, starting a business, or anything else, a Frankfurt, Kentucky lawyer can help.

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