Midland Construction Dispute Lawyers

Find the right Construction Dispute attorney in Midland, MI

Construction Dispute Law in Michigan

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

In the majority of cases, it's possible for landowners and contractors to resolve disagreements amicably. There are many ways to do this, such as a simple verbal agreement to lower the contract price due to a mistake made by the contractor, for example, or an agreement to a slight price increase in the event of unforeseen obstacles beyond the control of either party.

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 Midland, Michigan 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 Midland, Michigan

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: 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. Nonetheless, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very crucial 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: Sometimes, when a contractor wins in a case against the landowner who hired him or her, and obtains a court order for payment, the contractor will still refuse to pay. Since a money judgment isn't worth much without a way to enforce it, the laws of many states have evolved to allow what's known as a "mechanic's lien." As a last resort, if a landowner refuses to pay the contractor for work done on the property, the contractor can force a sale of the property, and keep the proceeds, up to the amount of money owed.

Can a Midland, Michigan Attorney Help?

Construction disputes and disagreements can be very difficult to deal with alone. The assistance of a Midland, Michigan real estate attorney can make the process of dealing with these disputes much quicker and easier.

Talk to a Real Estate Law Attorney now!

Life in Midland

Midland, Michigan is a city located in Midland County, of which it is the county seat. A 2008 Census estimate places its population at about 40,000 people.

Midland, Michigan and the surrounding areas are home to many sites of historic and cultural interest. For example, the Midland Center For The Arts is a facility offering visitors hands-on activities having to do with art, science, and technology. Additionally, there are two large auditoriums allowing for performances by symphonies, operas, and drama companies.

Midland is also the city where the Down Chemical Company was founded, and that company still has a strong presence in the area. It sponsors a museum which shows the history of the region and the company, and sponsors many other non-profit organizations.

Midland is also home to many parks, providing for recreational activities such as hiking, boating, fishing, and bicycling.

If you live in Midland, Michigan and need an attorney, the odds are very good that you'll be able to find one. Midland, Michigan attorneys are capable of helping people with almost any type of legal issue, whether it's starting a business, buying a home, adopting a child, or anything else. If you need legal help, you should get in touch with a Midland, Michigan attorney as soon as possible.

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