Leominster Construction Dispute Lawyers

Find the right Construction Dispute attorney in Leominster, MA

Construction Dispute Law in Massachusetts

When the owner of some real estate and a contractor enter an agreement for a construction project in Leominster, Massachusetts, 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 disagreements can't be resolved amongst the parties to the contract, they don't need to take their dispute into the court system. For instance, construction contracts normally call for mediation or arbitration before any disputes are resolved by the courts. Mediation is a process by which a third party serves as a sort of intermediary in settlement negotiations between the parties to the contract. The mediator can help keep negotiations on track, and suggest possible solutions the parties might not have thought of. The mediator can't issue a binding decision, however. Arbitration is a process through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be faster and cheaper than litigation, and it has some other advantages, as well.

Construction Dispute litigation in Leominster, Massachusetts 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 Leominster, Massachusetts

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: Contractors can be on the other side of legal disputes, as well. Sometimes, the landowners who hired them refuse to pay. This is normally because the landowner believes that the contractor didn't perform under the terms of the contract, or that the work was unsatisfactory. If this is the case, it may ultimately be up to a court to decide who is right. If the contractor did, in fact, do poor work, the landowner will be excused, at least in part, from his duty to pay. If, on the other hand, the work was satisfactory, the court will order the landowner to pay the contract price immediately, and may award additional damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (normally smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, however, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. However, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Lien: When a contractor wins a lawsuit against a client for nonpayment of the contract price, and the client still refuses 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. Basically, 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 proceeds to the contractor, to secure payment.

Can a Leominster, Massachusetts 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 essential to hire a Leominster, Massachusetts construction disputes attorney, who can advise you on the next steps in the process.

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Life in Leominster

Leominster, Massachusetts is a cityin Worcester County, and has a population of about 42,000 people.

Prior to settlement of the Leominster area by Europeans, the area had been inhabited by various Native American tribes for thousands of years, and like most cities in the New England region, it was settled by Europeans in the mid-1600s.

As Leominster began to experience industrial growth in the 19th and 20th centuries, it became a major center for the manufacture of plastics, and various plastic products. Interestingly, this has its origins in the 1700s, when Leominster was a major center for the comb industry, with fine combs originally being made of whale baleen. The industry quickly transitioned to using plastic as soon as it became available, and helped to develop many new formulations of plastic, some of which are still in use.

As with many cities which saw industrial development in the 19th century, Leominster's industrial character has begun to decline. However, Leominster is still home to many businesses and schools.

If you live in Leominster, Massachusetts and need an attorney,chances are good that you'll be able to find one. Leominster, Massachusetts lawyers are able to hand many different kinds of cases. If you need legal help, you should call a Leominster, Massachusetts lawyer as soon as possible.

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