Springfield 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 Springfield, Massachusetts, be it a house, landscaping project, or large 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, typically 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 typically 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.

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

Examples of Construction Disputes That Might Lead to Litigation in Springfield, 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 particularly states that completion by a specific 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.

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 typically 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 considerably less than the contract price.

Subcontractor Disputes: With very considerable 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. Nonetheless, 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 issue, 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: A mechanic's lien is a way for a contractor to secure payment if a landowner declines to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This permits the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.

Can a Springfield, Massachusetts Attorney Help?

If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes crucial, and a Springfield, Massachusetts construction disputes attorney can be of great help.

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Life in Springfield

Springfield, MA is the largest city on the Connecticut River, and the seat of Hampden County. It has a population of around 153,000 people.

Like many cities in New England, Springfield, MA has a long and rich history, much of it associated with Colonial times and the American Revolutionary War. Shortly after the Revolutionary War ended, Springfield became the site of the first populist uprising in the United States. Known as Shays' Rebellion, this revolt resulted in a fundamental change in the U.S. government, leading to the abandonment of the Articles of Confederation in favor of the Constitution which we use today. Obviously, many of the drafters of the Constitution were lawyers, and this tradition of excellence in the legal profession continues in Springfield, MA today.

Springfield, MA is commonly referred to as the "City of Progress" - and it has been home to many individuals and movements that have advanced society for the better. For example, many inventions that made the industrial revolution possible were invented in Springfield. Also, prior to and during the Civil War, Springfield, MA was one of the major centers for the abolitionist movement, with many of Springfield, MA's lawyers defending slaves who had escaped the South.

Of course, there are still many skilled and dedicated lawyers practicing law in Springfield, MA. And if you are facing a legal problem, a Springfield, MA lawyer can almost certainly help.

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Springfield Construction Dispute Lawyers

Construction Dispute Law in Massachusetts

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