New Bedford 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 New Bedford, Massachusetts, be it a house, landscaping project, or huge 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, 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 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 New Bedford, 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 New Bedford, Massachusetts

Delays in Construction: Delays are often points of contention between contractors and landowners. Contracts sometimes have clauses which explicitly state that the project needs to be completed by a certain date, or penalties will be imposed on the contractor (reduced payments, for example). However, if the contract doesn't contain such built-in remedies, or one party refuses to abide by them, litigation may be necessary. If a contractor causes a delay that it could have prevented, it will usually be liable to the landowner for any harm resulting from it.

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 usually 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 significantly less than the contract price.

Subcontractor Disputes: With very large construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. However, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very critical to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other problem, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

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 allows 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 New Bedford, Massachusetts Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an experienced New Bedford, 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 New Bedford

New Bedford, Massachusetts houses a population of over 100,000 residents. And that's not all New Bedford is home to, the city is also the number one fishing port in America, in addition to being the world's most famous whaling era seaports. The strategic locationright onthe water makes the city a natural seaport, and wonderful place for the commercial or leisure fisherman to take advantage of.

In addition to many parks and shops located in the city's historic district, New Bedford has whaling museum to commorate the city's role in whaling. Fishing and manufacturing are the two largest industries in New Bedford, although tourism is also on the rise.

New Bedford is also home to some of the state's top lawyers. New Bedford lawyers and other professionals enjoy the wonderful work and lifestyle that the east coast city has to offer, and are trained to assist their client in any issue he or she may find themself facing. New Bedford's location fifty one miles south of the state capital of Boston, makes it a very easy city to visit and enjoy. New Bedford also enjoys a thriving arts and music movement in recent times, that is home to many lively festivals and concerts for their residents and visitors to take part in.

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