Baton Rouge Construction Dispute Lawyers

Find the right Construction Dispute attorney in Baton Rouge, LA

Construction Dispute Law in Louisiana

When the owner of some real estate and a contractor enter an agreement for a construction project in Baton Rouge, Louisiana, 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, normally requiring the party that causes a delay or other problem to pay the other party a set fee.

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 Baton Rouge, Louisiana 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 Baton Rouge, Louisiana

Major Delays: If the contractor or a subcontractor is at fault in causing a massive delay to a project (several months, for example), this may lead to a lawsuit. If the contract stated that time was of the essence for some reason (maybe the project was a new store that the owner hoped to open before the holiday shopping season, for example), a court can normally award the owner any damages that were caused by the delay.

Owner's refusal to pay: Contractors can also be the victims in construction disagreements. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Rather, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these situations, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon price.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is normally 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. Nonetheless, the general contractor (the one that the landowner hired to do the work) is still accountable 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 Lien: If the contractor wins in a case against the land owner, and the court orders the owner to pay the contractor for services rendered, the contractor needs a way to secure payment, if the owner refuses. In some cases, a mechanic's lien authorizes the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Can a Baton Rouge, Louisiana Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a seasoned Baton Rouge, Louisiana 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 Baton Rouge

Baton Rouge is a great place to have some fun! For some fun in the sun, families can go to Blue Bayou Water Park. The park includes crazy waterslides and tubes, and cafes with great food. Right across the street is Dixie Landin Theme Park with great roller coasters and rides for all ages.

For a more relaxing outing, try a boat ride on Casino Riverboats. These riverboats feature live music, buffets, and gaming tables! Casino Riverboat rides are a great way to eat, drink, enjoy the water, and have some fun gambling.

Baton Rouge is also an area rich in history. There are many historical sites to visit, including the Enchanted Mansion Doll Museum, the Magnolia Mound Plantation, Mount Hope Plantation, and San Francisco Plantation.

However, fun is not the only thing Baton Rouge is about. Baton Rouge is filled with many great law firms that have a large clientele, are experienced in all practice areas, and have skilled lawyers working for them. Therefore, have no fear because any legal need can be met in Baton Rouge!

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