West Springfield 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 West Springfield, 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, 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 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 West Springfield, 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 West Springfield, Massachusetts

Construction Delays: Delays in construction are prevalent 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: 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 typically 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 considerably less than the contract price.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (typically 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: If the contractor wins in a lawsuit 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 permits 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 West Springfield, Massachusetts Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a knowledgeable West Springfield, Massachusetts real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

Talk to a Real Estate Law Attorney now!

Life in West Springfield

West Springfield is part of Hampden County in Massachusetts. It has a population of about 28,000 people and is a popular tourist destination. The city is locally known as "The West Side", which is a reference to its location on the western side of the Connecticut River.

West Springfield is also part of the Massachusetts area known as the Springfield-Hartford "Knowledge Corridor". The Knowledge Corridor is part of a state program designed to promote cultural and economic exchange between several Massachusetts cities. The name Knowledge Corridor derives from the fact that there are over 30 colleges and universities in the sector. The area is also the focus of extensive urban renewal projects.

The city of West Springfield attracts many visitors due to its retail and commercial activities. For example, the Riverdale Road corridor is one of the major retail centers in the area. Tourists also come to the city every September for the Eastern States Exposition or "The Big E", which is the largest fair in the entire northeast region. The fair is home to the Big E Cream Puff and the Craz-E Burger. The Big E lasts for 17 days and features a number of acts, parades, and exhibits.

Lawyers in West Springfield, Massachusetts usually represent their clients at the Springfield District Court Division courthouse. Many West Springfield are members of multiple bar associations including the local Hampden County Bar Association.

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