Scituate Construction Dispute Lawyers

Construction Dispute Law in Massachusetts

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

Litigating a construction dispute in Scituate, Massachusetts is definitely not something that anybody likes doing. However, it is sometimes necessary, as a last resort.

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

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 specifically 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.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will usually file a lawsuit to recover what is owed. Of course, the owner will usually claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to determine if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, usually specialized tasks like installing plumbing. However, 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 basically 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: 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 Scituate, 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 necessary to hire a Scituate, Massachusetts construction disputes attorney, who can advise you on the next steps in the process.

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Life in Scituate

Scituate, Massachusetts is a city in Plymouth County, on Cape Cod. It has a population of about 18,000 people.

Scituate was originally settled by a group of people from Plymouth in 1627. Since its founding, Scituate's economy and culture revolved around fishing. The rich waters off of New England provided a seemingly-limitless food source. While commercial fishing still takes place, depleted stocks, and the resulting limits, have reduced its economic importance.

Like much of the Cape Cod area, Scituate has become a destination for wealthy visitors, many of whom maintain homes in the area. Visitors from the world over are drawn to its natural beauty, and unique New England Charm.

Scituate is a fairly affluent community, with the median household income of permanent residents being about ,000, and only about 2% (much lower than the national average) of the population living below the poverty line.

If you live in Scituate, Massachusetts, and are looking for an attorney, you're in luck. There are many Scituate, Massachusetts lawyers who can handle whatever legal issue a person is likely to face. If you have any legal problems, a Scituate, Massachusetts attorney is the person to call.

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Construction Dispute Law in Massachusetts

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