Lynn Construction Dispute Lawyers

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Construction Dispute Law in Massachusetts

When the owner of some real estate and a contractor enter an agreement for a construction project in Lynn, Massachusetts, 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 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 usually 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 procedure through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be quicker and cheaper than litigation, and it has some other advantages, as well.

Construction Dispute litigation in Lynn, Massachusetts is usually time-consuming and expensive. But it is sometimes necessary, usually as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Lynn, Massachusetts

Construction Delays: Delays in construction are common 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: 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.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (usually smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, nonetheless, 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. Nonetheless, the contractor can then go after the subcontractor to recover whatever he 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 allows 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 Lynn, Massachusetts Attorney Help?

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

Talk to a Real Estate Law Attorney now!

Life in Lynn

Lynn, Massachusetts is a medium-sized city of about 88,000 people, located in Essex County. Lynn is a significant urban center in its own right, but it is also very close to Boston, allowing residents of the respective cities to commute between them easily.

Lynn was founded in the 1600s, and quickly became a major regional center for leather tanning and shoemaking. Growing from this early industry, Lynn became a major center for manufacturing during the industrial revolution, and this continued well into the 20th Century. However, as with many American cities built on industry, much of the industry that built Lynn has moved elsewhere.

Lynn, Massachusetts is currently working very hard to redevelop itself, and create a new economic base to replace heavy industry.

Lynn is home to Lynn Woods, the largest municipal park in New England, and a popular destination for visitors. It is also home to Lynn Beach, which is an attraction for nearby residents.

If you live in Lynn, Massachusetts and need a lawyer, chances are good you'll be able to find one, thanks to Lynn's size and proximity to a major city, the legal community in Lynn is quite robust. Lynn, Massachusetts lawyers can help you with whatever legal problem you might have.

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